Bank Of Baroda Through Its ... vs M/S. Dharamveer Agencies Through ...
2021 Latest Caselaw 6616 MP

                                                            1                             WP-21165-2021
                              The High Court Of Madhya Pradesh
                                         WP-21165-2021
                      (BANK OF BARODA THROUGH ITS AUTHORISED OFFICER SHRI SURENDRA SINGH PARIHAR Vs M/S.
                           DHARAMVEER AGENCIES THROUGH ITS PROPRIETOR MR. YOGESH SOOD AND OTHERS)

                      1
                      Jabalpur, Dated : 21-10-2021
                             Heard through Video Conferencing.
                             Shri Alok Tiwari, learned counsel for the petitioner.
                             Shri Pradeep         Singh,    learned    Government Advocate for the
                      respondents/State.

Challenge in this petition is to an order passed u/S.14 of SARFAESI Act, 2002 by the Collector, Bhopal rejecting the application seeking possession of the secured asset preferred by the secured creditor who is the petitioner herein.

Learned counsel for the petitioner has drawn attention of this Court to an order passed by a Coordinate Bench at Indore of this Court on 29.09.2021 in W.P.No.11500/2020, where this Court differing with the opinion of the Division Bench of Punjab and Haryana High Court and view taken by another Court has referred the matter to the Hon'ble the Chief Justice for constitution

of a Larger Bench on the following questions:-

"[i] Whether remedy of appeal under section 17(1) of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is available to the secured creditor against an order passed by the District Magistrate under section 14 of the said Act ?.

[ii] Whether in judgment/order passed in WA No.489/2016 and WP No.15608/2020, the division benches have correctly interpreted Sec.17(1) of the said Act and whether the said judgments can be said to be good law ?."

In view of the above, it would be appropriate to await the verdict of the larger Bench.

Signature Not SAN Verified Awaiting the verdict of larger Bench, list this matter after four weeks.

Digitally signed by
NITESH PANDEY
Date: 2021.10.23
11:32:58 IST
                                         2                     WP-21165-2021
                         (SHEEL NAGU)       (PURUSHAINDRA KUMAR KAURAV)
                             JUDGE                          JUDGE
                      Nitesh




Signature
 SAN      Not
Verified

Digitally signed by
NITESH PANDEY
Date: 2021.10.23
11:32:58 IST