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Neutral Citation No. - 2025:AHC:74178-DB Court No. - 40 Case :- WRIT - C No. - 14135 of 2025 Petitioner :- Gambhir Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Pandey,Kamini Pandey (Dubey) Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. Heard learned counsel for parties. This a petition under Article 226 of the Constitution of India, wherein the petitioner has challenged the demand notice dated 07.07.2024, under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, possession notice dated 13.03.2024, under Section 13(4) of the SARFAESI Act, 2002, for Rs.9,44,824/- along with the interest, issued by the respondent No. 3 and the ex parte
order dated 24.03.2025, passed by the Additional District Magistrate (Finance and Revenue), District Mathura, under Section 14 of the aforesaid Act. Further, the petitioner, by way of the present petition seeks a direction to the respondent No. 3 to accept the amount of loan/credits i.e. to the tune of Rs.9,44,824 along with interest and cost, in easy installments. Since the challenge is with regard to a notice issued under Sections 13(2) and 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, we do not wish to interfere with the present matter as for redressal of his grievance the petitioner has an alternative remedy available before the Debt Recovery Tribunal.
In light of the same, the writ petition is disposed of with liberty granted to the petitioner to approach the D.R.T., in accordance with law, for redressal of his grievances.
Order Date :- 7.5.2025 Arun K. Singh [Dr. Y.K. Srivastava, J.] [Shekhar B. Saraf, J.] Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad