MAHASHAKTI FILLING POINT Vs. ADDITIONAL DISTRICT MAGISTRATE

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner under Article 226/227 of the Constitution of India seeking the following reliefs:-

(2.) The brief facts of the case are that the petitioner is the borrower firm who has availed credit facility from respondent No.2 which is a Non-Banking Financial Corporation and is carrying on Banking business throughout India and overseas. After having defaulted facilities from the respondent No.2, the petitioner is subjected to coercive SARFAESI actions. Notice under Sec. 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (referred to as "SARFAESI Act" hereinafter)has been issued. The respondent No.2 filed an application before the Learned Additional District Magistrate, Dewas in respect of property No.1. The petitioner filed reply to the said application under Sec. 14 of the "SARFAESI Act". The respondent No.2 filed an application before the learned CJM in respect of two other properties. The Tehsildar, Dewas issued an eviction notice to vacate the subject property on 7/3/2024. The learned CJM dismissed the application filed by the respondent No.2 under Sec. 14 of the Act, 2002 for taking assistance in delivery of physical possession of the two other properties.

(3.) The grievance of the petitioner is that being aggrieved by the order passed by the Additional District Magistrate, Dewas dtd. 12/9/2003 he has already preferred an securitization application under Sec. 17 of the SARFAESI Act before the Debt Recovery Tribunal, Jabalpur (referred to as "DRT" hereinafter) which was registered as S.A. No.666/2024. The respondent no.1 herein in compliance of the order passed by the Additional District Magistrate, Dewas had issued a notice regarding handing over of vacant possession of the property in question to the respondent no.2 and as the Presiding Officer, DRT, Jabalpur is on leave from 22/4/2024 till 26.04.20204 and In-Charge Ld. Presiding Officer DRT, Allabahad would take a considerable time to hear the matter, therefore, petitioner apprehends dispossession from the property in question. Hence, this petition has been filed.