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2025 DAILYLAW 26139 (ALL)

SAUMIK JAIN v. UNION OF INDIA AND 5 OTHERS

WRIC/7072/2025 · 2025-03-09

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34774 Court No. - 9 Case :- WRIT - C No. - 7072 of 2025 Petitioner :- Saumik Jain Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Ashok Pandey,Srestha Pandey Counsel for Respondent :- A.S.G.I.,Eshita Sand Hon'ble Rohit Ranjan Agarwal,J. 1. A preliminary objection has been raised as to maintainability of the writ petition on the ground that the subject-matter of dispute is situated at Madhya Pradesh and the initial order was passed by Debts Recovery Tribunal, Jabalpur against which an appeal was preferred before Debts Recovery Appellate Tribunal, Allahabad. 2. Sri Arif Ikbal, learned counsel appearing for the Bank/respondent no. 4 submits that the matter is cognizable before Madhya Pradesh High Court at Jabalpur and not before this Court. He has relied upon the The Security Interest (Enforcement) Rules, 2002 especially Rule 13(c). 3. In view of said fact, as the subject-matter of the property is situated at Jabalpur and and initial order was passed by Debts Recovery Tribunal, Jabalpur, the matter before this Court is not maintainable. The petitioner has a remedy of approaching Madhya Pradesh High Court at Jabalpur. 4. The writ petition is dismissed. 5. Sri Vivek Kumar Singh, Advocate, is present for respondent no. 1. Order Date :- 10.3.2025 V.S.Singh Digitally signed by :- VIDYA SAGAR SINGH High Court of Judicature at Allahabad