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2021 DIGILAW 278 (RAJ)

Sanjay Kumar Saini v. State of Rajasthan

2021-02-03

ASHOK KUMAR GAUR

body2021
JUDGMENT : Ashok Kumar Gaur, J. 1. This writ petition has been filed by the petitioner challenging the order dated 25.01.2021 passed by the District Magistrate exercising his power under Section 14 of the SARFAESI Act, 2002 (hereafter 'the Act of 2002'). 2. Learned counsel for the petitioner submitted that account of the petitioner has illegally been declared as Non-Performing Asset (NPA) on 09.09.2019 and further notice issued under sub-Section (2) of Section 13 of the Act of 2002 was also not based on correct facts. 3. Learned counsel submitted that the petitioner has deposited the certain amount even after declaring the account as NPA on 09.09.2019 and as such, the District Collector ought to have exercised his jurisdiction in proper manner and direction to take possession in question should not have been passed. 4. This Court finds that the order passed by the District Collector exercising his power under Section 14of the Act of 2002 cannot be subject matter of challenge before this Court. The petitioner has remedy to approach the appropriate forum and he can always take plea available under the law to assail the action of the respondent. 5. Learned counsel for the petitioner, at this juncture, submitted that the petitioner has approached the respondent on several occasions and he has also satisfied the Authorities that due to COVID-19, various economic measures have been announced by the Government of India as well as Reserve Bank of India and as such, all the Financial Institutions including Non-Banking Financial Companies are required to consider the reschedule of payment. 6. This Court finds that the present writ petition is not maintainable and the same is, accordingly, dismissed. 7. However, the petitioner, if has any remedy under the law, he is always free to avail the same and he can also approach the respondents for reconciling his account by making payment, the Authorities are expected to look into offer of the petitioner for repayment, if the same is found to be in consonance with the direction issued by the Reserve Bank of India/Government of India, the Authorities are expected to pass orders accordingly.