This order concludes a Writ Petition challenging a paper notification for property auction initiated under a financial assets recovery Act. The court leaves the alternative statutory remedy open.
Petition closed leaving alternative remedy under Section 17 of the SFIA open.
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.
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
&
THE HON'BLE SRI JUSTICE M.GANGA RAO
WRIT PETITION No.19488 of 2019
ORDER : ( per the Hon’ble Sri Justice A.V.Sesha Sai)
Paper notification, dated 20.12.2019, proposing to auction the subject-property, is under challenge in the present Writ Petition.
Admittedly, the present action is initiated under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for brevity, ‘the Act’). Therefore, leaving it open for the petitioner herein to avail the alternative remedy, under Section 17 of the Act, this Writ Petition stands closed. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.
__________________ A.V.SESHA SAI,J
___________________ M.GANGA RAO, J
03rd December, 2019. Tsy
1 issue framed by the court
Whether the petitioner is permitted to approach the court despite the availability of alternative remedy.
1 provisions across 1 enactments
Petitioner
A.V.Sesha Sai
M.Ganga Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
