Allahabad High Court · 2025-03-10
WRIT - C No. 6957 of 2025 at Allahabad
- Citation / case number
- WRIT - C No. 6957 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- WRIT - C No. 6957 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:34961-DB Court No. - 29 Case :- WRIT - C No. - 6957 of 2025 Petitioner :- Satyesh Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pankaj Sharma,Shiv Murti Kushwaha Counsel for Respondent :- C.S.C.,Maneesh Mehrotra Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J. This petition is directed against an order passed by the authority under Section 14 of the SARFAESI Act, 2002. At the outset, an objection is taken by Sri Maneesh Mehrotra, learned counsel for the respondents on the ground that the property has already put to auction on 16th December, 2024 and that the remedy of the petitioner would be before the Debt Recovery Tribunal by virtue of Section 17of the SARFAESI Act, 2002. In the facts, when the remedy is available under Section 17 of the SARFAESI Act, 2002, we would not be inclined to entertain the present writ petition, particularly when the property has otherwise been put up auction and the auction purchaser is not before us. Leaving it open for the petitioner to pursue the remedy before the appropriate forum, this petition is consigned to records. Order Date :- 10.3.2025 Noman Digitally signed by :- NOMAN AHMAD