M/S A.B.S. Enterprises and Another Vs United Bank of India and 2 Others

Court No. - 39

Case :- WRIT - C No. - 2751 of 2020

Petitioner :- M/S A.B.S. Enterprises And Another Respondent :- United Bank Of India And 2 Others Counsel for Petitioner :- Prabhav Srivastava Counsel for Respondent :- Krishna Mohan Asthana

¶4

Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.

¶5

No one has put in appearance on behalf of the petitioners.

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Sri K.M. Asthana, learned counsel for the respondent no.1 is present. Sri P.K.S. Paliwal, learned Advocate has put in appearance on behalf of the respondent no.4, who is an auction purchaser of the secured asset.

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The contention of the counsel for the respondent no.4 is that the sale made in his favour has been confirmed. Moreover, the petitioner herein has approached the Debt Recovery Tribunal under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 and the application moved by him has been registered as S.A. No.515 of 2019 wherein an interim order has been granted by the Tribunal.

¶8

In para '16' of the writ petition, the petitioner has stated the fact of filing of the application namely S.A. No.515 of 2019.

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The prayer in the writ petition is also to the effect that the Debt Recovery Tribunal may be directed to decide the matter within stipulated period.

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Noticing the above fact, without entering into the merits of the claim of the parties, the present petition is being disposed of with the observation that the petitioner shall pursue the remedy already availed by him under the SARFAESI Act, 2002 in S.A. No.515 of 2019.

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The respondent no.4, who is an auction purchaser shall appear before the Tribunal in view of the notice issued to him on 19.01.2021. Adjudication shall be made by the Tribunal, in accordance with law at the earliest.

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Order Date :- 23.2.2021 P Kesari

M/S A.B.S. Enterprises and Another v. United Bank of India and 2 Others

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M/S A.B.S. Enterprises and Another v. United Bank of India and 2 Others

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