Dismissed

Ritu Agarwal and Another v. District Magistrate and 3 Others

Allahabad HC8 Jan 2020WRIC/1688/2019

Case brief

AI extract

What is this about?

This Court dismissed a writ petition challenging a District Magistrate's order under Section 14 of the SARFAESI Act. The petitioners, claiming tenancy rights in secured assets, were directed to utilize the statutory remedy under Section 17(4-A) before the Debts Recovery Tribunal rather than approaching the High Court.

What did the court decide?

Writ petition dismissed; petitioners directed to file application under Section 17(4-A) of the Act.

Ritu Agarwal and Another Vs District Magistrate and 3… — Banking and Recovery | Allahabad HC (2020)

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Court No. - 32

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Case :- WRIT - C No. - 1688 of 2019

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Petitioner :- Ritu Agarwal And Another Respondent :- District Magistrate And 3 Others Counsel for Petitioner :- Udai Singhal,Rahul Kumar Tyagi,Rajat Agarwal Counsel for Respondent :- C.S.C.,Sanjai Singh

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

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This writ petition, inter alia, has been filed for the following reliefs:-

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"(i) Issue an appropriate writ, order or direction in the nature of Certiorari quashing the impugned order dated 05.10.2018 passed by the District Magistrate, Moradabad in Case No. 3134 of 2015 having its Computer Case No. D20151354003134, (Panjab National Bank Vs. M/s V. Biz It India Pvt. Ltd. And Others), arising out of the proceedings under section 14 of the SARFAESI Act (Annexure No. 5 of this writ petition).

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(ii) Issue an appropriate writ, order or direction in the nature of Mandamus direct the contesting respondents not to interfere in the Shops in Question situated in Madhuvani Complex, District - Moradabad being shop no. 4 and 5 on ground floor and one shop situated on 2nd Floor in the same complex."

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Heard Shri Sandeep Mani Bakshi, holding brief of Shri Rajat Agarwal, learned counsel for the petitioners, learned standing counsel for the State - respondents and Shri Umadhar Shukla, holding brief of Shri Sanjai Singh, learned counsel for respondent - Bank.

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By means of this writ petition, the petitioners, who claim themselves to be tenants of the secured assets for disbursing the loan in favour of the respondent no.4, have challenged the order passed by the District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'Act').

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Learned counsel for the petitioners submits that their rights of tenancy cannot be affected by recovery of loan.

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It is to be noted that after an amendment, Section 17(4-A) has been inserted in the Act, under which the question raised by the petitioners can also be considered and decided by the Debts Recovery Tribunal. That being the case, the petitioners may file an application under Section 17(4-A) for determination of their rights.

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It may also be noted that the other tenants of the said premises

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had approached this Court by filing Writ C No. 6166 of 2019 challenging the order passed by the District Magistrate under Section 14 of the Act, and the same was also dismissed by this Court vide order dated 25.02.2019.

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Since the petitioners have efficacious statutory remedy available to them, we are not inclined to interfere in the matter.

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The writ petition is, accordingly, dismissed.

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Order Date :- 8.1.2020 Amit Mishra

Ritu Agarwal and Another v. District Magistrate and 3 Others

Case brief

What is this about?

What did the court decide?

Ritu Agarwal and Another v. District Magistrate and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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