The Akola Janta Commercial Co-Op. Bank ... vs District Magistrate (Collector), ...
2024 Latest Caselaw 23968 Bom

Bombay High Court

The Akola Janta Commercial Co-Op. Bank ... vs District Magistrate (Collector), ... on 14 August, 2024

Author: M. W. Chandwani

Bench: Avinash G. Gharote, M. W. Chandwani

                                                                1                          36-wp-7888-23.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                   NAGPUR BENCH, NAGPUR.

                                     WRIT PETITION NO. 7888 OF 2023
                              The Akola Janta Commercial Co-op. Bank Ltd.
                                                            Vs.
                           District Magistrate (Collector), Wardha and others
             ------------------------------------------------------------------------------------------------
             Office Notes, Office Memoranda of                                 Court's or Judge's Order
             Coram, appearances, Court's Orders
             or directions and Registrar's order
             ----------------------------------------------------------------------------------------------------
                           Shri D. R. Khapre, Senior Advocate a/w. Shri Mandar P. Deshpande, Advocate
                           for petitioner.
                           Shri M. J. Khan, AGP for respondent no. 1/State.



                                CORAM :-        AVINASH G. GHAROTE &
                                                M. W. CHANDWANI, JJ.

DATED :- 14.08.2024

The only question raised is whether the learned District Magistrate, acting under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "SARFAESI Act") has any power to adjudicate in the instant matter by exercising powers under Section 37A of the Maharashtra Land Revenue Code, 1966 as he has refused to exercise jurisdiction under Section 14 of SARFAESI Act.

2. Mr. Khapre, learned Senior Counsel appearing for the petitioner by relying upon para 18 of the judgment in the case of Balkrishna Rama Tarle Vs. Phoenix ARC Private Ltd. [(2023) 1 SCC 662] submits that powers of the District Magistrate under Section 14 of the SARFAESI Act are ministerial in nature and he does not possess any

RR Jaiswal 2 36-wp-7888-23.odt

adjudicatory power, on account of which the impugned order cannot sustain.

3. The learned AGP for the State seeks some time.

4. List the matter on 27.08.2024, by which time submission, if any, be placed on record so that matter can be finally disposed of.

(M. W. CHANDWANI, J.) (AVINASH G. GHAROTE, J.)

Signed by: Mr. Rajnesh Jaiswal Designation: PARR ToJaiswal Honourable Judge Date: 16/08/2024 11:34:22