The court dismissed the writ petition challenging a sale notice issued under the SARFAESI Act, 2002, noting that an appeal under Section 17 of the Act provides the statutory remedy.
The writ petition is dismissed.
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Court No. - 39
Case :- WRIT - C No. - 7004 of 2021
Petitioner :- Smt. Nilofar Khan Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Mahboob Ahmad Siddiqui,Faizul Hasan
Counsel for Respondent :- A.S.G.I.,Ramesh Kumar Shukla
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Deepak Verma,J.
Sri Yadvendra Pratap Singh learned Advocate is appearing for respondent no.1 and Sri R.K.Shukla learned Advocate is appearing on behalf of respondent nos.2 and 3.
The petitioner is challenging the sale notice dated 24.12.2020 which has been issued in an auction held on account of measures taken by the bank under the SARFAESI Act, 2002.
It is open for the petitioner to file an appeal under Section 17 of the SARFAESI Act, 2002.
The writ petition, therefore, cannot be entertained.
In view of the above, the writ petition is dismissed.
Order Date :- 16.3.2021 Harshita
2 issues framed by the court
Whether the court can entertain a writ petition when an appeal under the SARFAESI Act is available.
Whether the sale notice issued under the SARFAESI Act can be challenged by writ.
1 provisions across 1 enactments
Smt. Nilofar Khan
Union Of India
2 Others
Sunita Agarwal
Deepak Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
