HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
AND
HON'BLE DR. JUSTICE SHAMEEM AKTHER
WRIT PETITION No. 2721 OF 2020
ORDER :(per Hon'ble Sri Justice A.Rajasheker Reddy)
This writ petition is filed for the following relief:
" to issue a Writ, order or direction, one or more particularly in the
nature of a "Writ of Certiorari" calling for the records in
Crl.M.P.No.438 of 2019 on the file of the Chief Metropolitan
Magistrate, Cyberabad, at L.B.Nagar and declare the order dated
04.06.2019, as being illegal, arbitrary, unconstitutional, apart from
being contrary to the provisions of SARFAESI Act and consequently
set-aside the same by directing the Respondent to deliver the
possession back to the petitioner and pass such other order or orders as the Hon'ble Court may deem fit and proper in the circumstances of the case and in the interest of justice and equity." Heard learned counsel for petitioner who submits that the impugned order is passed without following the procedure under Section 14 of the SARFAESI Act (for short 'the Act').
On the other hand Sri Jadhav, learned counsel for respondent Bank submits that petitioner has already filed SA No.1171 of 2017 against the proceedings under 13(4) of the Act and the same was dismissed for default. He also submits that substantial compliance is made under Section 14 of the Act and that petitioner has effective alternate remedy under Section 17 of the Act against the impugned order by virtue of Judgments in Kanaiyalal Lalchand Sachdev & Others [(2011) 2 SCC 782] and Sunil Garg v. Bank of Baroda & Others [2018 (3) M.P.L.J.615]. He further submits that without mentioning the fact that SA is dismissed, present writ petition is filed by the petitioner and that on the said ground the writ petition is liable to be dismissed.
Learned counsel for petitioner submits that he has already filed restoration petition and the same is pending; and that if copy of the impugned order passed by the Chief Metropolitan Magistrate, Cyberabad, at L.B.Nagar, under Section 14 of the Act is issued to the petitioner, he will avail alternate remedy by raising all the grounds.
Learned Counsel for petitioner already filed warrant copy issued by the Advocate Commissioner.
In view of the aforesaid facts and circumstances, it is always open to the petitioner to file application for Certified Copy of the impugned order passed by the Chief Metropolitan Magistrate, Cyberabad, at L.B.Nagar, under Section 14 of the Act and on such application, the said Court to issue copy of the said order as per procedure, enabling the petitioner to challenge the same.
Accordingly, the writ petition is disposed of granting liberty to the petitioner to avail alternate remedy against the impugned order. No order as to costs.
Miscellaneous petitions, if any, pending in the writ petition stand dismissed.
__________________________ A.RAJASHEKER REDDY, J _________________________ Dr.SHAMEEM AKTHER, J Date: 24.02.2021 tk HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE DR. JUSTICE SHAMEEM AKTHER WRIT PETITION No.2721 OF 2020 Date: 24.02.2021 tk