LAWS(MPH)-2021-4-20

RACHNA MAHAWAR Vs. DISTRICT MAGISTRATE

Decided On April 01, 2021
Rachna Mahawar Appellant
V/S
DISTRICT MAGISTRATE Respondents

JUDGEMENT

(1.) This petition has been filed by the petitioner aggrieved with the order dated 16.02.2021 passed by the Additional District Magistrate under Section 14 of the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'the Act').

(2.) A preliminary objection has been raised in respect of availability of alternate remedy of appeal.

(3.) Submission of learned counsel for the petitioner is that against such an order the remedy of appeal under Section 17 of the Act is not available and that the power under Section 14 can be exercised only by the District Magistrate and not the Additional District Magistrate.