Vijay Bahadur Singh v. State of U.P. and 6 Others

Court No. - 3 Case :- WRIT - C No. - 39685 of 2023 Petitioner :- Vijay Bahadur Singh Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- S.P. Vishwakarma,Shariq Shamim Counsel for Respondent :- CSC,Sanjai Singh Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1The borrower when was being proceeded with under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, had approached the Debts Recovery Tribunal. The petitioner who is a co-sharer has contested the auction on the basis of the fact that the proceeding under Section 116 of the U.P. Revenue Code, 2006 was pending.

¶2The Court finds that instead of informing the Debts Recovery Tribunal in the pending Securitization Application, the petitioner has erroneously approached this Court.

¶3No interference is warranted.

¶4The petitioner, if he is so advised, may approach the Debts Recovery Tribunal and raise his grievance there.

¶5With these observations, the writ petition is, accordingly, dismissed. Order Date :- 22.11.2023 PK (Shekhar B. Saraf,J.) (Siddhartha Varma,J.) High Court of Judicature at Allahabad