Allahabad High Court
M/S Bestech India Pvt Ltd And Another vs State Of Up And 4 Others on 4 April, 2024
Author: Manoj Kumar Gupta
Bench: Manoj Kumar Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:58012-DB Court No. - 21 Case :- WRIT - C No. - 6698 of 2024 Petitioner :- M/S Bestech India Pvt Ltd And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Shashi Kant Sharma Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J.
Hon'ble Kshitij Shailendra,J.
1. The instant petition has been filed seeking quashing of the order dated 30.01.2024 passed by respondent no.3 under Section 14 of the SARFAESI Act, 2002 and for restraining the respondents from giving effect to the said order.
2. The petitioners are developers and promoters of a housing project in the name of Antriksh Nature. Respondent no.5 is allottee of two flats. There are two sub-lease dated 17.11.2017 and 20.06.2017 in favour of respondent no.5. Respondent no.5 had taken financial assistance from respondent no.4 i.e., HDFC Bank Limited and had mortgaged the aforesaid two flats. As there was default in re-payment of the loan amount, the Bank had taken steps to take physical possession of the mortgaged property.
3. It is admitted to the parties that during pendency of the writ petition, physical possession of the flats was handed over to the respondent-Bank on 05.03.2024 and 06.03.2024.
4. The case of the petitioners is that respondent no.5 had not paid the full consideration amount and, therefore, the allotment was cancelled. The petitioners claim that in such circumstances, the Bank had wrongly proceeded against the two flats.
5. In our opinion, the issue sought to be raised would require a factual enquiry, which we are not inclined to undertake in exercise of writ jurisdiction. The petitioners have an efficacious alternative remedy of approaching DRT under Section 17 of the Act.
6. We, accordingly, dispose of the instant petition with liberty to the petitioners to avail the said remedy, if so advised.
(Kshitij Shailendra, J.) (Manoj Kumar Gupta, J.) Order Date :- 4.4.2024 Ankit.