Petitioners aggrieved by home loan auction under SARFAESI Act sought writ. Court held no fit case for interference as DRT appeal under Section 17 remains available. Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2023:AHC:180411-DB
Court No. - 3
Case :- WRIT - C No. - 29401 of 2023 Petitioner :- Saurabh And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Meva Lal Yadav,Mithilesh Kumar Mishra Counsel for Respondent :- C.S.C.,Anjali Upadhya,Sanjai Singh
Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.
The petitioners had taken a home loan and when the same could not be repaid, proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the "Act"), were initiated. It has been informed by the learned counsel for the respondent no. 2 that the property was put to auction and the auction was also confirmed.
Under such circumstances, we do not consider it a fit case for interference. If the petitioners are aggrieved by the action taken by the Bank, they can always approach the Debt Recovery Tribunal under Section 17 of the Act.
Under such circumstances, the instant writ petition is accordingly, dismissed .
This order was passed in the presence of Ms. Eshita Sand, Advocate holding brief of Ms. Anjali Upadhyay, learned counsel for the respondent no. 3.
Order Date :- 19.9.2023 M.S. Ansari
(Manoj Bajaj, J.) (Siddhartha Varma, J.)
Digitally signed by :- MOHD SAQIB ANSARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can interfere in a case involving auction of property under SARFAESI Act where appeal lies to DRT under Section 17.
1 provisions across 1 enactments
Saurabh And 2 Others
State Of U.P.
Siddhartha Varma
Manoj Bajaj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
