Shiv Kumar Yadav vs The State Of Madhya Pradesh
2021 Latest Caselaw 3205 MP

                                                      1                                  RP-57-2021
                           The High Court Of Madhya Pradesh
                                       RP-57-2021
                        (SHIV KUMAR YADAV AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)


                   Jabalpur, Dated : 12-07-2021
                         Heard through Video Conferencing.

                         Shri Ashok Shrivastava, Advocate for the petitioner.
                         Shri Bramhadatt Singh, Govt. Advocate for the respondent/State.

This review petition has been filed seeking review of the order passed by this Court in M.P. No.1061/2020 dated 11.11.2020.

Even though the learned counsel for the petitioner sought to argue that the order deserves to be reviewed relying on the judgment of Punjab and Haryana High Court in CWP No.21519/2018 (M/s Oswal Spinning and Weaving Mills Limited and others Vs. UCO Bank and another).

On perusal of the impugned order along with Sections 17 and 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "SARFAESI Act of 2002") we find that the order which was challenged before this Court dated 20.1.2020 was passed by the Debt Recovery Tribunal, Jabalpur under

Section 17 of the SARFAESI Act of 2002 and Section 18 of the Act categorically provides that any person aggrieved, by any order made by the Debts Recovery Tribunal under Section 17 of the Act, may prefer an appeal along with such fee, as may be prescribed to an Appellate Tribunal within thirty days from the date of receipt of the order of Debts Recovery Tribunal.

In view of the above, we find that the order under review does not suffer from any error apparent on the face of the record so as to maintain review petition. It is trite that rehearing of the matter under the garb of review cannot be permitted. No case for review is made out.

Digitally signed Accordingly, the review petition is dismissed. by ANCHAL KHARE Date:

2021.07.12              (MOHAMMAD RAFIQ)                               (VIJAY KUMAR SHUKLA)
17:53:28 +05'30'         CHIEF JUSTICE                                            JUDGE
          2   RP-57-2021
Anchal