Counsel for applicant Arif Iqbal presented his arguments

Prayagraj: Umesh Kumar Sharma, Presiding Officer, Debts Recovery Tribunal (DRT), Allahabad while hearing S.A. No. 205 of 2024 – M/s Virus Fitness Club Vs. Punjab National Bank, in which

Counsel for the Applicant Arif Iqbal presented his arguments and Sumit Kumar Srivastava, appeared on behalf of respondent bank. The applicant has approached this Tribunal in relation to physical possession; order passed by District Magistrate/Additional District Magistrate concerned.

It is admitted to Counsel for respondent bank that District Magistrate has passed order for Commissioner of Police for assign duty for Magistrate and the said Magistrate shall take action in relation to the physical possession of the property in question in this matter.

As per Section 14 of the S.A.R.F.A.E.S.I. Act, District Magistrate or Additional District Magistrate shall assign duty in relation to physical possession to his subordinates only and the subordinates of District Magistrate shall take action with the help of the police, the action in relation to physical possession shall not be taken by the police directly and no Additional District Magistrate is empowered to authorize Police Commissioner for the said purpose as per provisions of S.A.R.F.A.E.S.I. Act.

The respondent bank is directed to approach Additional District Magistrate for modification of the said order as per law provided under Section 14 of the S.A.R.F.A.E.S.I. Act before taking action in relation to physical possession, if there is no possibility of physical possession without interference of the administration. If any party shall feel any prejudice by this order, may file Appeal before Debts Recovery Appellate Tribunal under Section 18 of the S.A.R.F.A.E.S.I. Act.