The court dismissed the writ petition challenging a notice issued under Section 13(4) of the SARFAESI Act, holding that the petitioner had a statutory remedy under Section 17 of the same Act.
The writ petition was dismissed without granting any specific relief.
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. - 39
Case :- WRIT - C No. - 5957 of 2021
Petitioner :- M/S Nsr Traders Respondent :- Canara Bank, Tilaknagar Branch, Firozabad And Another Counsel for Petitioner :- Rishabh Agarwal Counsel for Respondent :- Krishna Mohan Asthana
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Sri K.M. Asthana, learned counsel for the respondents is present.
The challenge is to the notice issued under Section 13(4) of the SARFAESI Act, 2002 on 17.10.2020.
The petitioner has a statutory remedy of filing an appeal under Section 17 of the SARFAESI Act, 2002.
The writ petition is, accordingly, dismissed .
Order Date :- 15.3.2021 P Kesari
1 issue framed by the court
Whether the Statutory Authority can entertain a writ petition challenging a Section 13(4) notice when a statutory appeal under Section 17 is available.
2 provisions across 1 enactments
M/S Nsr Traders
Canara Bank, Tilaknagar Branch, Firozabad
Firozabad And Another
Sunita Agarwal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
