INDIABULLS HOUSING FINANCE LTD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The question involved in this petition is as to whether the District Magistrate, having been passed an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the Act"), has the jurisdiction to review his own order

(2.) Shorn off the unnecessary details, the petitioner is a secured creditor who had filed an application under Section 14 of the Act before the District Magistrate, Jind which was allowed vide order dated 30.04.2018 (Annexure P-2). Respondents No. 12 to 14, the borrowers, filed an application for the review of the order dated 30.04.2018. The said application has been allowed vide impugned order dated 21.12.2018 and thus, the present writ petition has been filed.

(3.) At the outset, counsel for the petitioner has relied upon a division bench judgement of this Court rendered in the case of Asset Reconstruction Company (India) Ltd. Vs. State of Haryana in CWP No. 16366 of 2016 decided on 18.08.2017 in which a similar question was decided namely "Whether the District Magistrate is competent to 'review' his own order or the one passed by his predecessor under Section 14 of the Act The said question has been answered therein as under:-