Praveen Vs Union of India and 2 Others

Court No. - 39

Case :- WRIT - C No. - 32751 of 2018

Petitioner :- Praveen Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Krishna Dutt Tiwari Counsel for Respondent :- A.S.G.I.,Sanjai Singh

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Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.

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Heard Sri Brijesh Shukla holding brief of Sri K.D.Tiwari, learned counsel for the petitioner and Sri Sanjai Singh, learned counsel for the respondent bank.

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Asstt. Solicitor General of India has accepted notice on behalf of respondent no. 1.

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The petitioner in the writ petition is seeking quashing of the notice dated 24.05.2018 issued under Section 13(2) Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the 'SARFAESI Act') as well as possession notice dated 7.09.2018 issued under Section 13(4) of the SARFAESI Act.

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Sri Sanjai Singh, learned counsel for the respondent bank submits that since the notice under Section 13(4) of the SARFAESI Act has already been issued for taking over possession of the premises of the petitioner, the remedy for the petitioner is to approach the Debts Recovery Tribunal by way of appeal under Section 17 of the SARFAESI Act.

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This fact has not been disputed by learned counsel for the petitioner.

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We, therefore, dismiss the writ petition with liberty to the petitioner to approach the Debts Recovery Tribunal by way of appeal under Section 17 of the SARFAESI Act.

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Order Date :- 1.10.2018 nd

Praveen v. Union of India and 2 Others

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Praveen v. Union of India and 2 Others

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