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High Court of Uttarakhand · body

2025 DAILYLAW 2701 (UTT)

SANDEEP v. BANK OF MAHARASHTRA

WPMS/554/2025 · 2025-02-24

Ravindra Maithani

body2025

Judgment text

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HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 554 of 2025 (M/S) Sandeep ….......Petitioner Vs. Bank of Maharashtra and others …..... Respondents Present : Mr. Shakib Hussain, Advocate for the petitioner. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The challenge is made to an e-Auction Sale Notice dated 26.07.2024, issued by the respondents under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”). 2. Heard learned counsel for the parties and perused the record. 3. Learned counsel for the petitioner would submit that petitioner had taken a loan of `27 Lacs. But, the respondents-bank sanctioned `40 Lacs and got it deposited in his account, but subsequently, withdrew `18 Lacs. 4. What is challenged in the proceedings is under the SARFAESI Act. The SARFAESI Act is self contained Act under Section 17 of the SARFAESI Act, the petitioner has every occasion to challenge 2 the action, by which, the petitioner is aggrieved. Therefore, there is no reason to entertain the instant petition. Accordingly, the petition deserves to be dismissed at the stage of admission itself. 5. The petition is dismissed in limine. (Ravindra Maithani, J.) 24.02.2025 Sanjay