M/S Saniya Auto v. State of U.P. and 2 Others

Court No. - 3 Case :- WRIT - C No. - 25228 of 2023 Petitioner :- M/S Saniya Auto Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mirza Faheem Beg Counsel for Respondent :- CSC,Amrish Sahai Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

¶1Instructions filed today be kept on record.

¶2Sri Amrish Sahai, learned counsel appearing for the Bank has informed the Court that the property in question had been sold in auction on 25.10.2021 and a sale certificate had also been issued.

¶3The petitioner in reply submits that he had no notice of the proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act).

¶4Since the proceedings under the SARFAESI Act have been initiated as per the law laid down in the Celir LLP vs. Bafna Motor (Mumbai) Pvt. Ltd. & Ors. (Civil Appeal Nos. 5542-5543 of 2023 decided on 21.09.2023), we refrain from interfering in the instant writ petition. However, it shall always be open for the petitioner to take recourse to such provisions as are provided under the SARFAESI Act.

¶5With these observations, the writ petition is accordingly, dismissed. Order Date :- 17.10.2023 M.S. Ansari (Manoj Bajaj, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad