MADHULIKA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant has preferred the present intra court appeal against the judgment and order dated 20.09.2018 passed by learned Single Judge, whereby her writ petition has been dismissed with a cost of Rs. 1,00,000/-.

(2.) The facts appertain to the present appeal are that the appellant had filed a writ petition seeking quashment of the order dated 23.5.2017, vide which the District Magistrate, Udaipur in exercise of the power under Section 14 of the Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the Act of 2002") had ordered police assistance for recovery of possession of the mortgaged property.

(3.) The respondent Bank filed a reply to the said writ petition and opposed the maintainability of the writ petition inter alia on two counts; (i) the petitioner has suppressed the material fact of filing a suit for the same relief and (ii) availability of alternative remedy of appeal under Section 17 of the Act of 2002.