Allahabad High Court
M/S S.K. Traders vs State Of U.P. And 2 Others on 4 July, 2022
Bench: Surya Prakash Kesarwani, Jayant Banerji
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 3 Case :- WRIT - C No. - 5265 of 2022 Petitioner :- M/S S.K. Traders Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nagendra Kumar Singh Counsel for Respondent :- C.S.C.,Brahmanand Singh,Satish Chaturvedi Hon'ble Surya Prakash Kesarwani,J.
Hon'ble Jayant Banerji,J.
None appears for the petitioner even in the revised call.
Learned standing counsel for the respondent No.1 and Sri Brahmanand Singh, learned counsel for the respondent Nos.2 and 3/ bank are present.
This writ petition has been filed praying for the following relief:
"i) To issue a writ of certiorari be issued quashing the recovery notice issued by the respondent no. 2, State Bank of India, Main Branch Budaun, through Authorized Officer/ Chief Manager, dated 08.09.2021 (Annexure No.1 to this writ petition) and 10.12.2021 (Annexure No.3 to this writ petition) amounting to Rs.07,18,918/- with interest be quashed.
ii) To issue a writ of mandamus be issued to the respondent no. 2, State Bank of India, Main Branch Budaun, through Authorized Officer/ Chief Manager, to accept the loan amount of Rs.07,18,918/- be accepted in easy installment as fixed by this Hon'ble Court, in the interest of justice."
Learned counsel for the respondent Nos.2 and 3 states on instructions that order under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) has already been passed by the competent authority.
In view of the aforesaid, we are of the view that the petitioner has remedy under Section 17 of the SARFAESI Act, 2002. Therefore, without expressing any opinion on merits of the case of the petitioner, the writ petition is dismissed leaving it open for the petitioner to avail the remedy as may be available under Section 17 of the SARFAESI Act, 2002.
Order Date :- 4.7.2022 NLY