JAISWAL TRADING CO Vs. STATE OF U P

JUDGEMENT

(1.) This writ petition was filed with the primary allegation that the Bank has filed the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Interest Act, 2002 (hereinafter referred to as "the Act, 2002") which was not supported by an affidavit as required in terms of the said provisions. Consequently, the order is bad in law.

(2.) We had passed an order for production of the original records as from the perusal of the order passed by the District Magistrate it was not clear as to whether the affidavit had been filed or not.

(3.) Learned Additional Chief Standing Counsel has produced the original records from the office of the District Magistrate and which contains the affidavit dated 1st June, 2017. This affidavit is filed by the Authorised officer in respect of the application which was moved by the Bank and is dated 5th May, 2017.