This single-paragraph writ order dismisses a petition seeking to quash recovery notices under the SARFAESI Act, reasoning that statutory objections under Section 13(3A) are the appropriate remedy.
Writ petition dismissed; liberty granted to file objections under Section 13(3A) of the SARFAESI Act.
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Court No. - 39
Case :- WRIT - C No. - 33698 of 2018
Petitioner :- Gajinder Kaur Upadhyay Respondent :- Chief Manager Ras Mec And Another Counsel for Petitioner :- Suresh Chandra Gupta Counsel for Respondent :- Satish Chaturvedi
Hon'ble B. Amit Sthalekar,J. Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Suresh Chandra Gupta, learned counsel for the petitioner and Sri Ankit Saxena, learned counsel for the respondents.
The petitioner in the writ petition is seeking quashing of the recovery notices dated 06.08.2018 and 06.09.2018 issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( hereinafter referred to as the SARFAESI Act, 2002).
We find that against notices under Section 13 (2) of the SARFAESI Act, 2002 the petitioner has a remedy of filing his objections under Section 13(3A) of the SARFAESI Act, 2002.
We therefore dismiss this writ petition with liberty to the petitioner to approach the Bank and file his objections under Section 13(3A) of the SARFAESI Act, 2002, if so advised.
Order Date :- 10.10.2018 N Tiwari
2 issues framed by the court
Whether the remedy of filing objections under Section 13(3A) makes a writ petition for quashing recovery notices under Section 13(2) maintainable.
Whether the bank must be approached to file objections before seeking writ intervention.
2 provisions across 1 enactments
Gajinder Kaur Upadhyay
Chief Manager Ras Mec
Another
B. Amit Sthalekar
Surya Prakash Kesarwani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
