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2025 DAILYLAW 119372 (ALL)

MR. MANOJ SARDANA AND ANOTHER v. UNION OF INDIA THRU.ITS SECY. MINISTRY OF FINANCE NEW DELHI AND 3 OTHERS

WRIC/716/2025 · 2025-01-23

Manish Kumar, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:4544-DB Court No. - 2 Case :- WRIT - C No. - 716 of 2025 Petitioner :- Mr. Manoj Sardana And Another Respondent :- Union Of India Thru.Its Secy. Ministry Of Finance New Delhi And 3 Others Counsel for Petitioner :- Mohd. Tanveer Counsel for Respondent :- A.S.G.I.,Alok Saxena Hon'ble Rajan Roy,J. Hon'ble Manish Kumar,J. 1. Mr. Arun Pratap Singh, learned Advocate has put in appearance on behalf of opposite party no. 3 and filed vakalatnama which is taken on record. 2. Heard. 3. What is under challenge is notice dated 30.12.2024 under Section 13 (4) of the SARFAESI Act, 2002. During its pendency, the auction sale notice has been published, hence, this petition. 4. The petitioners should approach the Tribunal seeking interim relief, if otherwise permissible, in the pending proceedings or to file a fresh Securitization Application as the case may be. 5. We, therefore, dismiss this petition as not maintainable. 6. Counsel for the Bank informs that earlier the petitioners have approached this court by means of Writ C No. 5352 of 2024 which was disposed of with schedule for payment of loan amount in installments, but, that was also not adhered. We express no opinion on this. [Manish Kumar, J.] [Rajan Roy, J.] Order Date :- 23.1.2025 Santosh/- Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench