RAM SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By invoking the jurisdiction of this Court under Article 226 of the Constitution, the petitioner has challenged the order Annexure P-1 dated 18.07.2012, whereby the Additional Collector by exercising powers under section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to "SARFAESI Act") passed the order against the petitioner directing him to hand over the possession to the bank, failing which the Sub Divisional Officer (SDO) is directed to take possession from the petitioner and provide it to the bank.

(2.) Shri Balwant Singh, learned counsel for the petitioner, submits that the provisions of the SARFAESI Act were not applicable in the present case, and therefore, petitioner cannot be relegated to avail the alternative remedy under Section 17 of the SARFAESI Act. It is relevant to mention the following points raised by the petitioner in his petition:-

(3.) Per Contra, Shri Praveen N. Surange, learned counsel for the Bank and Shri R.P. Rathi, Government Advocate for the State, supported the order passed by the court below.