GOVIND SINGH v. CANARA BANK THRU. CHIEF MANAGER/AUTHORISED SIGNATORY,MATHURA U.P. AND ANOTHER
WRIC/979/2025 · 2025-01-30
Brij Raj Singh, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121401 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121401 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:6560-DB
Court No. - 2 Case :- WRIT - C No. - 979 of 2025 Petitioner :- Govind Singh Respondent :- Canara Bank Thru. Chief Manager/Authorised Signatory,Mathura U.P. And Another Counsel for Petitioner :- Pradeep Kumar Singh,Amrita Singh,Manvendra Singh Counsel for Respondent :- Alok Saxena Hon'ble Rajan Roy, J. Hon'ble Brij Raj Singh, J.
1. Heard counsel for the petitioner and Sri Alok Saxena, counsel appearing for the opposite parties.
2. What is under challenge is the sale notice referable to Rule 8(6) of the Security Interest (Enforcement) Rules, 2002. The sale is one of the measures referable to Section 13 (4) of the SARFAESI Act, 2002, therefore, writ petition is not maintainable at this stage. The petitioner may have a remedy before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002. Moreover, the sale notice has been issued by the bank at Mathura and the secured asset is also at Mathura.
3. Writ petition stands disposed of with the above observation. . (Brij Raj Singh, J.) (Rajan Roy, J.) Order Date :- 30.1.2025 Rao/- Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- CHEBROLU SRINIVASA RAO High Court of Judicature at Allahabad, Lucknow Bench