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2025 DAILYLAW 123124 (ALL)

M/S VISHEN AUTOMOBILES, VILLAGE POST WAZIRGANJ DISTRICT GONDA THRU. PROPRIETOR AMAR NATH SINGH v. RESERVE BANK OF INDIA REGIONAL OFFICE VIPIN KHAND LKO. THRU. GENERAL MANAGER AND 3 OTHERS

WRIC/1406/2025 · 2025-02-12

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:9043-DB Court No. - 2 Case :- WRIT - C No. - 1406 of 2025 Petitioner :- M/S Vishen Automobiles, Village Post Wazirganj District Gonda Thru. Proprietor Amar Nath Singh Respondent :- Reserve Bank Of India Regional Office Vipin Khand Lko. Thru. General Manager And 3 Others Counsel for Petitioner :- Anu Pratap Singh Counsel for Respondent :- C.S.C.,Sharad Kumar Shukla Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. By means of relief No.2, an order dated 12.10.2023 passed under Section 14 of the SARFAESI Act, 2002 (hereinafter referred as "Act, 2002") has been challenged. The said order cannot be challenged under Article 226 of the Constitution of India directly. The remedy, if any, is before the DRT concerned under Section 17 of the Act, 2002, which as informed by learned counsel for the respondents has already been availed, but the order under Section 14 has not been challenged as yet. So far as relief No.1 is concerned, the notice for sale dated 13.01.2025 is referable to the measures mentioned in Section 13 (4) of the Act, 2002 , therefore, against such notice also, if there is a cause, the remedy is before the DRT Lucknow under the aforesaid Act. We cannot entertain this petition directly under Article 226 of the Constitution of India. The present petition is dismissed for the reasons aforesaid, however, with the liberty as mentioned hereinabove. (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 12.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench