The High Court dismissed a writ petition challenging a bank's sale notice under the SARFAESI Act, declaring it unmaintainable by following the Supreme Court's precedent in United Bank of India Vs. Satyawati Tandon.
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Neutral Citation No. - 2024:AHC-LKO:54212-DB
Court No. - 3
Case :- WRIT - C No. - 6778 of 2024
Petitioner :- M/S Gyan Ganga Sweet House Thru.Its Prop. Mr Rama Shanker @ Ramashanker Patel Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Civil Lko And 3 Others Counsel for Petitioner :- Chandra Bhooshan Counsel for Respondent :- C.S.C.,Vinay Shankar
Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of the State-respondents and Sri Vinay Shankar, learned counsel, who appears on behalf of the respondentCanara Bank.
This writ petition has been filed with the following main prayers :-
"1. Issue any Writ order or direction in the nature of Mandamus commanding opposite parties' specially i.e opposite party no.4 to extant the time of recovery of lone amount and also provide the facility to submit debit in installment, in the interest of justice.
2. Issue a writ, order or direction in the nature of mandamus directing the opp. Parties specially opposite party no.3 to consider the representation dated 02.07.2024, to meets the ends of justice."
Learned counsel appearing on behalf of the Canara Bank has pointed out Annexure No. 1 to the writ petition, which is a sale notice issued under section 13(4) of the SARFAESI Act readwith Rule 8(6) of the Security Interest (Enforcement)Rules, 2002.
The writ petition in the manner, in which it has been drafted for the prayers made, is not maintainable. It is dismissed in view of the law settled by the Hon'ble Supreme Court in the Case of United Bank of India Vs. Satyawati Tandon, reported in (2010) 8 SCC 110.
Order Date :- 7.8.2024 AKS
Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether a writ petition seeking directions regarding recovery of loan amount and installment facility is maintainable against a bank.
Whether a sale notice issued under Section 13(4) of SARFAESI Act can be challenged before the High Court in the manner prayed.
Colour shows how this judgement treated each authority
United Bank of India Vs. Satyawati TandonExplained¶11
(2010) 8 SCC 110 · Who else cites this
1 provisions across 1 enactments
M/S Gyan Ganga Sweet House Thru.its Prop. Mr Rama Shanker
State Of U.P. Thru. Prin. Secy. Revenue Civil Lko And 3 Others
Sangeeta Chandra
Shree Prakash Singh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
