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Akhtar Khan v. State Of U.p. Thru. District Magistrate Bahraich And 3 Others

Akhtar Khan v. State Of U.p. Thru. District Magistrate Bahraich And 3 Others

(High Court Of Judicature At Allahabad, Lucknow Bench)

WRIT - C No. - 8575 of 2024 | 01-10-2024

1. Heard learned counsel for the petitioner, learned Standing Counsel, who appears on behalf of the State-respondents and Sri Prashant Kumar Srivastava, learned counsel for opposite party no.2.

2. This petition has been filed with the following main prayers:-

"(1) To issue a writ, order or direction in the nature of certiorari quashing the impugned recovery notice dated 04/01/2023 issued by the opposite party по. 2 contained as Annexure No.1 to the Writ Petition.

(ii) To issue a writ, order or direction in the nature of mandmus commanding the opposite party no. 2 not to recover the loan amount till the final outcome of the complaint case no 100/2021 pending before the District Consumer Dispute Redressal Commission, Bahraich, in accordance with law."

3. We have gone through the notice which has been impugned in the writ petition. It is a notice under Section 13(4) of the SARFAESI Act read with Rule 8 of the Rules 2002 and was issued on 04.01.2023.

4. In view of the law settled by Hon'ble Supreme Court in the case of United Bank of India Vs. Satyawati Tandon, reported in (2010)8 SCC 110, the petitioner has appropriate remedy of filing an application under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal.

5. The writ petition stands disposed of . 

Advocate List
  • Shubham Singh,Surya Kant Singh

  • C.S.C.,Prashant Kumar Srivastava

Bench
  • Hon'ble Mrs. Justice Sangeeta Chandra
  • Hon'ble Mr. Justice&nbsp
  • Brij Raj Singh
Eq Citations
  • 2024/AHC-LKO/67907-DB
  • LQ/AllHC/2024/7585
Head Note