Allahabad High Court
Mrs. Pramila Singh (Proprietor M/S ... vs Bank Of Baroda Salon Branch Amethi Thru ... on 23 February, 2021
Bench: Devendra Kumar Upadhyaya, Manish Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 2 Case :- MISC. BENCH No. - 5023 of 2021 Petitioner :- Mrs. Pramila Singh (Proprietor M/S Bajaj Constructions) Respondent :- Bank Of Baroda Salon Branch Amethi Thru Manager & Anr. Counsel for Petitioner :- Pankaj Shukla Counsel for Respondent :- Prashant Kumar Srivastava Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and Sri Prashant Kumar Srivastava, learned counsel representing the respondent-Bank.
This petition under Article 226 of the Constitution of India has been filed challenging the auction notice whereby certain secured assets are going to be auctioned tomorrow under the proceedings drawn under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Vide our order dated 22.02.2021, the learned counsel representing the respondent-Bank was required to seek instructions whether the benefit of one time settlement scheme can be extended to the petitioner or not.
In response to the said query, learned counsel representing the respondent-Bank has stated that the application submitted by the petitioner seeking one time settlement has been rejected today and the order has accordingly been communicated to the petitioner through post.
In view of the aforesaid and also keeping in view the fact that the petitioner has got remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, we are not inclined to interfere in this writ petition which is hereby disposed of with the liberty to the petitioner to approach the Debts Recovery Tribunal by moving application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In case any such application along with stay application, if any, is moved, the same shall be considered and decided by the Tribunal, with expedition.
Order Date :- 23.2.2021/Sanjay