PRAMOD MISHRILAL DHADIWAL Vs. COLLECTOR, PUNE

JUDGEMENT

(1.) The Petitioners are aggrieved by the Order dtd. 4/11/2019 passed by the District Collector, Pune and in terms thereof a Notice dtd. 9/12/2019 issued by the Tahsildar. The District Collector has appointed the Tahsildar as the Officer under Sec. 14 of the SARFAESI Act to take possession of the secured assets.

(2.) The Petitioners have not approached the Debt Recovery Tribunal on the plea that no officer being appointed to the Debt Recovery Tribunal at Pune, jurisdiction is vested in the Debt Recovery Tribunal at Hyderabad and the distance prevents the Petitioners from accessing justice.

(3.) If the Debt Recovery Tribunal is not functioning at Pune and we were to entertain the Writ Petition for said reason, we would be bound by law to exercise our discretion had a Petition being filed before the Debt Recovery Tribunal, Pune exercising their right under Sec. 17 of the SARFAESI Act.