A District Magistrate, After Passing an Order under Sec.14 of the SARFAESI Act Does Not Have Any Jurisdiction to Review, Recall or Modify It

Case: Shriram Housing Finance Limited v. State of Haryana and others

Coram: Justice Ramachandra Rao and Justice H.S. Madaan

Case No.: CWP-31871-2019

Court Observation: “Be that it may, we are of the considered opinion that the District Magistrate has absolutely no jurisdiction to review his order dated 24.06.2013 passed under the Act, 2002 specifically when the order was subjected to challenge before the Debt Recovery Tribunal and such application was dismissed by a reasoned order holding therein that the borrower had not approached the Tribunal with clean hands. If they were not satisfied they had the remedy of approaching the Appellate Tribunal under Section 18 of the Act, 2002. We are, therefore, more than satisfied that such order of the District Magistrate cannot be permitted to stand on record.”

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Sec.14, SARFAESI Act, District Magistrate

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