Disposed

Ashutosh Agrawal v. Life Insurance Corporation Housing Finance Limited and Another

Allahabad HC10 Jan 2020WRIC/123/2020

Case brief

AI extract

What is this about?

The court directed the respondents to decide the petitioner's objection to a Section 13(2) SARFAESI notice within three weeks with a speaking order after a hearing, adjourning the writ petition disposed of on those terms.

What did the court decide?

Directed respondents to decide petitioner's objection within three weeks via speaking order after hearing; writ petition finally disposed of.

Ashutosh Agrawal Vs Life Insurance… — Constitutional and Fundamental Rights | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 123 of 2020

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Petitioner :- Ashutosh Agrawal Respondent :- Life Insurance Corporation Housing Finance Limited And Another Counsel for Petitioner :- Pramod Pathak, Ratnesh Kumar Pandey

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Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.

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This writ petition has been filed, interalia, for the following reliefs:

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"(I) Issue a writ, order or direction in the nature of certiorari quashing the notice dated 06.12.2019 issued by the respondents through Advocate and demand notice dated 14.11.2019 published in daily newspaper "Hindustan Times", Lucknow edition Lucknow (Annexure No. 1 to this writ petition) as well as demand notice dated 02.11.2019 under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Annexure No. 2 to this writ petition).

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(II) Issue a writ, order or direction in the nature of certiorari quashing the entire proceedings under Section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 initiated through notices of demand dated 02.11.2019 under Section 13(2) of the Act issued by the respondents (Anneuxre No. 2 to this writ petition)."

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Heard learned counsel for the parties and perused the record.

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Learned counsel for the petitioner has stated that the petitioner has already filed objection/reply to the notice under section 13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short the "SARFAESI Act") before the

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respondents-Corporation but the same has not yet been decided.

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Learned counsel appearing on behalf of the respondents-Corporation has stated that the objection/reply filed by the petitioner will be decided within two weeks.

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In view of the above, we direct the respondentsCorporation to decide the objection/reply filed by the petitioner within three weeks by means of a speaking and reasoned order after giving opportunity of hearing to the petitioner.

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With the aforesaid observation and direction, this writ petition is finally disposed of.

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Order Date :- 10.1.2020 Arun

Ashutosh Agrawal v. Life Insurance Corporation Housing Finance Limited and Another

Case brief

What is this about?

What did the court decide?

Ashutosh Agrawal v. Life Insurance Corporation Housing Finance Limited and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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