In the absence of petitioner appearance, counsel for respondent-raised objection based on alternative remedy under Section 17 of SARFAESI Act, 2002, leading to dismissal without expressing opinion on merits.
Writ petition dismissed leaving remedy under Section 17 of SARFAESI Act, 2002 open.
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Court No. - 3
Case :- WRIT - C No. - 2390 of 2022
Petitioner :- Digvijay Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Chandra Shekhar Mishra Counsel for Respondent :- C.S.C.,Satish Chaturvedi
Hon'ble Surya Prakash Kesarwani,J. Hon'ble Jayant Banerji,J.
None appears for the petitioner even in the revised call.
Shri Satish Chaturvedi, learned counsel for the respondent-bank is present, who has raised a preliminary objection as to the maintainability of the writ petition on the ground that against the impugned notice/order, the petitioner has remedy under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act, 2002').
In view of the aforesaid and without expressing any opinion on merits of the case of the petitioner, this writ petition is dismissed leaving it open to the petitioner to avail remedy under Section 17 of the SARFAESI Act, 2002, if so advised.
Order Date :- 22.4.2022 A. V. Singh
Digitally signed by AJAY VIKRAM SINGH Date: 2022.04.22 17:51:21 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the writ petition challenging impugned notice/order under the SARFAESI Act, 2002 is maintainable.
1 provisions across 1 enactments
Digvijay Singh
State Of U.P.
Surya Prakash Kesarwani
Jayant Banerji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
