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TMI Blog2024 (7) TMI 1211X X X X Extracts X X X X X X X X Extracts X X X X ..... 1) of the SARFAESI Act manifests that the learned CMM has the authority to take action and issue directions for taking over the secured assets, where such secured asset is situated within the jurisdiction of the said CMM - In the present case, the order passed by the learned CMM is clearly without jurisdiction, since as per the submission of the learned Additional Standing Counsel for the GNCTD, the area in question where the property is situated, falls for civil and criminal jurisdiction under the North District. This Court is of the view that the petitioner ought to approach the learned DRT since there is an efficacious remedy available under Section 17 of the SARFAESI Act. Since in the present case, it has come to the fore that the impugned order dated 09th January, 2024 passed by learned CMM, North-West, Rohini Courts is without any jurisdiction, therefore, in order to balance the equities, the order dated 09th January, 2024 is suspended for a period of one week, in order to grant opportunity to the petitioner to approach the learned DRT under Section 17 of the SARFAESI Act. The petition is disposed off. - HON'BLE MS. JUSTICE MINI PUSHKARNA For the Petitioner : Mr. Bharat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... behalf of learned counsel for the petitioner. 8. Today, Mr. Satyakam, learned Additional Standing Counsel, GNCTD has handed over a letter dated 09th February, 2024, issued by the Office of the Principal District Sessions Judge (North-West) Rohini Courts, Delhi, which reads as under:- OFFICE OF THE PRINCIPAL DISTRICT SESSIONS JUDGE (NORTH-WEST) ROHINI COURTS DELHI No. 39/Lit./NW/RC/2024 Delhi, Dated 09/2/2024 To Sh. Satyakam Addl. Standing Counsel (GNCTD) High Court of Delhi Sub : Report w.r.t Jurisdiction sought in writ petition 1869/2024, titled as M/s Subhash Chand Kathuria vs. Punjab National Bank. Respected Sir, I am directed to communicate you that the said petition (CT 96/2024) was filed before the Ld CMM (North-West) mentioning the P.S. Bharat Nagar which falls under the jurisdiction of the Ld CMM (North-West), however, the area of property in question falls for Civil and Criminal Jurisdiction under North District. Thanking you, Yours faithfully Branch Incharge Litigation Branch (North-West), Rohini Courts, Delhi (Emphasis Supplied) 9. In view of the aforesaid letter, it is clear that the area where the property in question is situated, falls within the jurisdiction of the l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the Debt Recovery Tribunal ( DRT ) having jurisdiction in the matter. The said section further provides that the DRT shall consider whether any of the measures referred in Sub-Section (4) of Section 13 of the SARFAESI Act taken by the secured creditor for enforcement of security, are in accordance with the provisions of this Act. Section 17 of the SARFAESI Act is reads as under:- 17. Application against measures to recover secured debts.-- (1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter, 2[may make an application along with such fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdiction in the matter within forty five days from the date on which such measure had been taken: 3[Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower.] 4[Explanation.--For the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ereto may be situated or found, to take possession thereof, and the Chief Metropolitan Magistrate or as the case may be, the District Magistrate shall, on such request being made to him (a) take possession of such asset and documents relating thereto; and (b) forward such asset and documents to the secured creditor: 1[Provided that any application by the secured creditor shall be accompanied by an affidavit duly affirmed by the authorised officer of the secured creditor, declaring that--- (i) the aggregate amount of financial assistance granted and the total claim of the Bank as on the date of filing the application; (ii) the borrower has created security interest over various properties and that the Bank or Financial Institution is holding a valid and subsisting security interest over such properties and the claim of the Bank or Financial Institution is within the limitation period; (iii) the borrower has created security interest over various properties giving the details of properties referred to in sub-clause (ii)above; (iv) the borrower has committed default in repayment of the financial assistance granted aggregating the specified amount; (v) consequent upon such default in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder the North District. 17. This Court further notes that learned DRT has the authority under Section 17 of the SARFAESI Act to deal with all matters, including considering the fact that the steps taken by the secured creditor for enforcement of security, are in accordance with the provisions of the SARFAESI Act. Thus, the issue that the steps taken by the secured creditor are not in accordance with the provisions of the SARFAESI Act in that the impugned order has been passed by learned CMM without having the territorial jurisdiction, can be raised by the petitioner before the learned DRT. 18. Therefore, this Court is of the view that the petitioner ought to approach the learned DRT since there is an efficacious remedy available under Section 17 of the SARFAESI Act. 19. Since in the present case, it has come to the fore that the impugned order dated 09th January, 2024 passed by learned CMM, North-West, Rohini Courts is without any jurisdiction, therefore, in order to balance the equities, the order dated 09th January, 2024 is suspended for a period of one week, in order to grant opportunity to the petitioner to approach the learned DRT under Section 17 of the SARFAESI Act. 20. Wit ..... X X X X Extracts X X X X X X X X Extracts X X X X
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