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Rajkumar Mahajan Versus State of Madhya Pradesh

2016 (9) TMI 1218 - MADHYA PRADESH HIGH COURT

Auction - complaint about service in relation to immovable property - Held that:- As to the relief sought vide paragraph 7(i) and 7(ii), the material documents on record reveals that the land in question was mortgaged by respondent No.4 in favour of respondent-Punjab National Bank and because respondent No.4 failed to repay the loan, the Bank besides initiating proceedings under Section 14 of the Act of 2002 also took recourse to proceedings under Section 13 (4) of the Act of 2002 and auctioned .....

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n there is no pre existing title in favour of the petitioner. - As to direction sought vide paragraph 7(iv), since the District Consumer Forum is a Court of limited jurisdiction conferred under Section 11 of Consumer Protection Act, 1986. And though it may have a jurisdiction to entertain a complaint about service in relation to immovable property. However, it will be beyond its jurisdiction to adjudicate claim as to title over an immovable property or even assume a title of either of the pa .....

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on No. 16631/2011 - Dated:- 14-6-2016 - Sanjay Yadav, J. JUDGMENT Shri P.R. Bhave, learned senior counsel with Shri Umesh Pandey, learned counsel for petitioner. Ms. Surabhi Nigam, learned Government Advocate for respondent No.1. None for respondents No.2, 3 and 5, who were deemed to be served by office order dated 3.08.2015. None for respondents No.2, 3 and 5, who were deemed to be served by office order dated 3.08.2015. Respondent No.4 not served as the notice has returned unserved due to insu .....

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ngs instituted by respondent-Punjab National Bank under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Securities Act, 2002 (for brevity 'Act of 2002'), he (respondent No.6) purchased the property in question in auction for a consideration of ₹ 3,60,360/-. Sale certificate dated 30.04.2010 was duly registered on 17.06.2010. Whereafter, he (respondent No.6) was placed in possession by the Tehsildar, Panagar, vide order dated 18.08.2011. Ho .....

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by on the plea by the petitioner that in a proceeding under Section 14 of the Act of 2002, the petitioner was not impleaded as party and that he is in possession over the same, status quo was ordered. Taking into consideration these pleas, intervention application filed by respondent No.6 was allowed and was directed to be impleaded as respondent. Since the matter is yet to be admitted, the parties are heard on admission. Petitioner seeks direction to respondent No.1 to 4 not to sell the plot in .....

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rph 7 (iii) for quashment of order dated 17.01.2011. The said order is passed by District Magistrate, Jabalpur in a proceeding under Section 14 of the Act of 2002 and as per the decision by Supreme Court in United Bank of India vs. Satyawati Tondon (2010) 8 SCC 110, the remedy lies before the Tribunal under Section 17 of the Act of 2002. It was held in Satyawati Tondon (supra) that : "42. There is another reason why the impugned order should be set aside. If respondent No.1 had any tangible .....

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ons 17 and 18 and are required to decide the matters within a fixed time schedule. It is thus evident that the remedies available to an aggrieved person under the SARFAESI Act are both expeditious and effective. 43. Unfortunately, the High Court overlooked the settled law that the High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and that this rule applies with greater rigour in matters involving .....

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ion of quasi judicial bodies for redressal of the grievance of any aggrieved person. Therefore, in all such cases, High Court must insist that before availing remedy under Article 226 of the Constitution, a person must exhaust the remedies available under the relevant statute." In view whereof, relief at paragraph 7 (iii) cannot be acceded to. The petitioner, if so advised, is at liberty to take recourse to remedy under Section 17 of the Act of 2002. As to the relief sought vide paragraph 7 .....

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