Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 78 of 2025 (M/S)
Hariom Goyal
….....Petitioner Vs. L.I.C. Housing Finance Ltd. and another …..... Respondents
Present : Ms. Rajini Rangwal, Advocate holding brief of Mr. Pawan Mishra, Advocate for the petitioner.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
The challenge in this petition is made to the Notice dated 16.12.2024, issued by respondent no.1. By the impugned Notice, the possession of secured assets were taken into possessions by the respondents under Section 13(4) of 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.
It is the case of the petitioner that he has taken loan of `31 Lacs from the respondents. He paid installments, but due to huge loss in business, he could not continue payment of installments. Thereafter, proceedings under the SARFAESI Act were initiated against the petitioner, in which, the notice has been impugned.
4.
Learned counsel for the petitioner would submit that he is ready and willing to pay the amount of installments. Therefore, the interference is warranted.
2
5.
The SARFAESI Act in itself is a self contained Act. It is admitted that the petitioner has taken a loan and he has been defaulted in payment of it. Now, notice taking possession of secured assets has been challenged. If petitioner has any grievance by any action that has been taken by the respondents under the provisions of the SARFAESI Act, the petitioner is free to avail such remedy as available under Section 17 of the SARFAESI Act. For this purpose, this writ petition may not be entertained. Accordingly, the petition deserves to be dismissed at the stage of admission itself.
6.
The petition is dismissed in limine.
(Ravindra Maithani, J.)
04.03.2025 Sanjay