Modi Gupta and 2 Others v. State of U.P. and 4 Others

Court No. - 3 Case :- WRIT - C No. - 39679 of 2023 Petitioner :- Modi Gupta And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hausihla Prasad Mishra Counsel for Respondent :- C.S.C,Satish Chaturvedi Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1Heard learned counsel for the petitioners, learned counsel for the Bank, Sri Sandeep Arora, and learned Standing Counsel for the State-respondents.

¶3This writ petition has been filed by the petitioners against the notice dated

19.9.2023 issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act).

¶3The case of the petitioners is that their father, late Basant Gupta, had purchased the property by means of registered sale deed dated 16.7.2014. After the death of the father of the petitioners, their names have been recorded in the revenue record.

¶4Learned counsel for the petitioners submits that the petitioners have also been paid compensation for the land acquired for widening of the road.

¶5Learned counsel for the Bank, however, states that a perusal of the notice dated

19.9.2023 reveals that it is notice to the seller of the property i.e. Sri Rajesh Kumar Yadav and if the petitioners had purchased a mortgaged property then the remedy of the petitioners is to approach the Debts Recovery Tribunal under Section 17 of the SARFAESI Act.

¶6We do find merit in the submission of learned counsel for the Bank. No interference is warranted.

¶7The writ petition is dismissed. Order Date :- 28.11.2023 Rakesh (Shekhar B. Saraf, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad