In this Article 227 petition, the court held that the petitioner has an alternative remedy available by filing an application before the trial court. Consequently, the petition was disposed of without any specific order on the merits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 65
Case :- MATTERS UNDER ARTICLE 227 No. - 8095 of 2018
Petitioner :- Amit Goel Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- In Person,Abhai Kumar Singh,Rameshwar Singh Kushwaha
Counsel for Respondent :- G.A.,Satish Chaturvedi,Satish Chaturvedi
Hon'ble Vivek Kumar Singh,J.
1. Heard Sri Amit Goel, petitioner in person and Sri Pankaj Srivastava, learned counsel holding brief of Sri Satish Chaturvedi, learned counsel for the respondent no.2 and Sri Azad Singh, learned A.G.A. for the State-respondent.
2. This petition under Article 227 of the Constitution of India has been filed with the following reliefs:-
"i). issue, a writ, order or direction in the nature of certiorari quashing the impugned order dated 8.10.2018 (annexure-P-1 to the writ petition) and order dated 16.4.2018 of the trial Court.
ii). issue, a writ, order or direction in the nature of prohibition to declare application of Section 32 of SARFAESI Act 2002, without conducting inquiry by a State Agency in the present complaint as Constitutionally invalid.
iii). issue, a writ, order or direction in the nature of directions in to the Sessions Court to avoid in future from expressing his opinion on merits of the case that can influence the trial Court in the matter."
3. Sri Pankaj Srivastava, learned counsel for the opposite party no.2 submits that against the order impugned petitioner has an alternative remedy to approach Debt Recovery Tribunal under Section 17 of the SARFAESI Act.
4. After hearing the petitioner in person and learned counsel for the opposite party no.2and learned A.G.A. and after perusing the order impugned as well as averments made in the present petition, this Court is of the opinion that the petitioner has an alternative remedy open to him by way of filing an appropriate application before the concerned Court below as aforesaid.
Order Date :- 20.11.2019 Dev/-
1 issue framed by the court
Whether the petitioner approaching the court under Article 227 possesses an alternative remedy by way of an application before the concerned Court below under Section 17 of the SARFAESI Act.
Amit Goel
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
