OMPRAKASH Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) Counsel for the petitioner submits that the petitioner is neither borrower, nor guarantor. He has not mortgaged any property with the respondent/Bank. It is further submitted that the Bank has filed an application under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI ACT) before the respondent no.6 and the matter is pending before the said authority. Since DRT is not functioning at present and therefore, the petitioner has invoked the jurisdiction under Article 226 of the Constitution of India.

(2.) Considering the fact that the order under Sec. 14 of SARFAESI ACT has yet not beenpassed by the said authority and the matter is pending before him for adjudication, we deem it proper to dispose of this petition with direction to the respondent no.6 to consider and decide the objection filed by the petitioner in accordance with law before proceeding under Sec. 14 of SARFAESI ACT.