Vishal Kumar Singh v. State of U.P. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 37555 of 2023 Petitioner :- Vishal Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Pankaj Kumar Singh,Anil Kumar Singh,Jagjeet Singh Counsel for Respondent :- C.S.C,Ashish Agrawal Hon'ble Siddhartha Varma,J. Hon'ble Manoj Bajaj,J.

¶1This writ petition has been filed against the order dated 20.02.2023 passed under 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (herein after referred to as the "SARFAESI Act"). Learned counsel for the petitioner states that after the order was passed, the petitioner had moved an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal. Learned counsel for the petitioner has prayed that till the disposal of the application before the Debt Recovery Tribunal, the State Administration be directed not to take over possession of the property in question.

¶2Sri Sandeep Arora, learned counsel appearing for the Bank has stated that before the Debts Recovery Tribunal on 19.10.2023 the petitioner had prayed for time for filing an amendment application. He further states that till date the amendment application has not been filed and this writ petition has been filed in the writ Court only to gain time.

¶3Under such circumstances, no interference is warranted.

¶4The writ petition is accordingly, dismissed. Order Date :- 6.11.2023 M.S. Ansari (Manoj Bajaj, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad