Writ petition filed by Hero Fincorp Limited to quash an order under Section 14 of the SARFAESI Act. It is dismissed for lack of jurisdiction as the matter is pending before the Debt Recovery Tribunal.
Writ petition dismissed; matter left to be contested before the Debt Recovery Tribunal.
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Court No. - 39 Case :- WRIT - C No. - 29017 of 2022 Petitioner :- Hero Fincorp Limited Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Akash Gupta,Arpit Agarwal Counsel for Respondent :- C.S.C.,Pushkar Mehrotra
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Vipin Chandra Dixit,J.
No one has put in appearance to press this petition. This matter is on the list of fresh cases for a long time.
Sri Pushkar Mehrotra, learned counsel has put in appearance on behalf of borrowers.
This petition has been filed by a non-financial banking company registered under the Companies Act with the prayer commanding the respondent nos.2 and 3 to comply with the order dated 29.1.2020 passed in Securitization Application No.11209 of 2019.
A perusal of the Annexure-'2' of the writ petition indicates that the order under Section 14 of the SARFAESI Act, 2002 has been passed by the competent authority on 29.1.2020.
It is submitted by Sri Pushkar Mehrotra, learned counsel appearing for the respondents no.6 to 9 that the order passed under Section 14 of SARFAESI Act, 2002 has been challenged in the Securitization Application No.661 of 2022 filed by the borrowers. The disclosure of the said fact has been made in the counter affidavit filed on behalf of the borrowers to which no rejoinder affidavit has been filed till date.
It is, thus, evident that correctness of the order dated 29.1.2020 passed under Section 14 of the SARFAESI Act, 2002 is the subject matter of consideration before the DRT in the pending application filed by the borrowers namely respondents no.6 and 9. The petitioner herein has not disclosed the fact of filing of the said application on 3.9.2022 wherein on 6.9.2022, notices have been issued. The present writ petition has been filed on 13.9.2022.
In the aforesaid circumstances, we do not find any good ground to entertain the writ petition. It is open for the petitioner to contest its matter before the Debt Recovery Tribunal in the pending securitization application.
The present writ petition is accordingly, dismissed.
Order Date :- 9.11.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.11.09 18:20:10 IST Reason: Location: High Court of Judicature at Allahabad
Hero Fincorp Limited
State Of U.P.
Sunita Agarwal
Vipin Chandra Dixit
As recorded by the court registry
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