In Writ C.No. 4498 of 2021, the High Court dismissed a petition challenging notices under Sections 13(2) and 13(4) of the SARFAESI Act, 2002, and an auction notice. The Court held the petition was not maintainable as an appeal under Section 17 of the Act provided an alternative remedy.
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Court No. - 39
Case :- WRIT - C No. - 4498 of 2021
Petitioner :- Shri Govind Singh And Another Respondent :- Syndicate Bank And 3 Others Counsel for Petitioner :- Vijay Babu Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Challenge is with regard to proceedings initiated under SARFAESI Act, 2002. The notice under Section 13(2) and 13(4) of SARFAESI Act and auction sale notice dated 23.12.2020 are subject matter of challenge. The petitioners have remedy of filing an appeal under Section 17 of SARFAESI Act, 2002. It is not possible to the Court to look into validity of the notices.
The writ petition is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 12.3.2021 A.Kr.
1 issue framed by the court
Whether a writ petition challenging SARFAESI Act notices is maintainable when the alternative remedy of appeal under Section 17 is available.
Shri Govind Singh And Another
Syndicate Bank And 3 Others
Sunita Agarwal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
