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2016 (9) TMI 1218 - MADHYA PRADESH HIGH COURT

2016 (9) TMI 1218 - MADHYA PRADESH HIGH COURT - TMI - 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 .....

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he petitioner cannot be granted. More particularly when 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 immovab .....

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vide paragraph 7(iv) cannot be granted. - Writ Petition 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 .....

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6. It was his contention that pursuant to the proceedings 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 t .....

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No.6 came to know of the order dated 16.06.2015 whereby 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 dir .....

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r Forum, Jabalpur. So far as relief sought vide Paragarph 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 sh .....

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bunal are empowered to pass interim orders under Sections 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 .....

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e for recovery of the dues but also envisage constitution 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 .....

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