RANJEETA Vs. DHARMENDRA RAO

JUDGEMENT

(1.) Learned counsel for the petitioner submits that respondent No.3 has initiated recovery proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (which shall be referred hereinafter as "Act of 2002") against properties of the petitioner. In those proceedings an order was passed by the Additional District Magistrate, District-Indore on 02/02/2021 under Sec. 14 of Act, 2002 for taking physical possession of the mortgaged immovable properties of the petitioner. The petitioner has challenged the entire action under the provisions of Act of 2002 before Debt Recovery Tribunal, Jabalpur in Securitisation Application filed under Sec. 17 of Act, 2002.

(2.) Learned counsel for the petitioner further submits that in his securitisation application the petitioner has also prayed for interim relief for restraining the respondent/Bank from taking physical possession of the mortgaged properties. However, before any order could be passed on the same, on 26/10/2021 an order has been passed by Tehsildar, Tehsil-Malharganj, District-Indore informing that forceful physical possession of the properties of petitioner will be taken on 12/11/2021. Thus it is contended that petitioner is under threat of forceful dispossession.