Petitioners challenged action after receiving notice under Section 13(2) of the SARFAESI Act. The court held notice alone does not justify interference. Since no decision taken under Section 13(4), writ petition dismissed.
Writ petition dismissed as no decision under Section 13(4) of the Act had been taken.
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Neutral Citation No. - 2023:AHC:165501-DB
Court No. - 46
Case :- WRIT - C No. - 24377 of 2023
Petitioner :- Sanjeev Sharma And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Shailendra Ratan Bhushan Counsel for Respondent :- C.S.C.,Habib Ahmad
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Syed Aftab Husain Rizvi,J.
We are not inclined to interfere in the present writ petition since notice alone has been served upon the petitioner under Sections 13(2) of SARFAESI Act has been issued against the petitioners.
It is open to the petitioners to raise objections or seek opportunity to pay amount in installments. Since, no decision has been taken by the Bank to proceed against the petitioners under Section 13(4) of the Act, therefore, there is no occasion for this Court to interfere in this matter. Writ petition is, accordingly, dismissed.
Order Date :- 17.8.2023 MN/-
Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the High Court is inclined to interfere in the writ petition when only a notice under Section 13(2) of the SARFAESI Act has been issued against the petitioners.
Whether there are grounds to interfere under Section 13(4) of the SARFAESI Act in the absence of a decision by the Bank to proceed against the petitioners.
2 provisions across 1 enactments
Sanjeev Sharma
Another
State Of U.P.
Ashwani Kumar Mishra
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
