The Court dismissed a writ petition seeking injunction against coercive measures under SARFAESI Rules. The Court held that the remedy lies in approaching the Debt Recovery Tribunal by filing an appeal under Section 17 of the SARFAESI Act, 2002. The petition was characterized as a result of wrong advice.
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Court No. - 39
Case :- WRIT - C No. - 6851 of 2021 Petitioner :- Mukesh Babu Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rajesh Dutta Pandey Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Sri Sanjai Singh learned counsel has put in appearance on behalf of the respondent-bank.
The prayer made in the writ petition is to issue a direction to the respondent not to adopt any coercive measure pursuant to the notice dated 27.11.2020 issued under Rule 8(6) of the Security Interest (Enforcement) Rules' 2002 framed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
The records indicates that the petitioner had approached the civil court by filing a civil suit seeking injunction which had been dismissed as per the information given by the learned counsel for the petitioner in the Court.
The present writ petition, in the opinion of the Court, is a result of wrong advise. The remedy before the petitioner is to approach the Debt Recovery Tribunal by filing an appeal under Section 17 of the SARFAESI Act' 2002.
The writ petition is, accordingly, dismissed .
Order Date :- 15.3.2021 Himanshu
1 issue framed by the court
Whether the writ petition seeking direction against coercive measures under SARFAESI Rules was maintainable.
3 provisions across 2 enactments
Mukesh Babu
State Of U P
Sunita Agarwal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
