M/S SHARDA METALS AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
WRIC/38205/2026 · 2026-09-22
Indrajeet Shukla, J J Munir
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9017 (ALL) · dailylaw.ai ]
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[ 2026 DAILYLAW 9017 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 38205 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J.
HON'BLE INDRAJEET SHUKLA, J.
1. Heard Mr. Saurabh Singh, learned Counsel for the petitioners, Mr. Krishna Mohan Asthana, learned Counsel appearing on behalf of respondent no. 3 and Mr. Akhilesh Kumar Tripathi, learned Standing Counsel appearing on behalf of the State.
2. The petitioners have challenged an order dated 02.09.2026 passed by the Additional District Magistrate (Finance and Revenue), Aligarh under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short).
3. The proceedings under Section 14 SARFAESI Act are by way of execution on decisions already taken, and are largely ministerial. The substantial measure, by which the petitioner is aggrieved, is possession notice issued under Section 13(4) SARFAESI Act. There is little cavil that a notice under Section 13(4) was issued to the petitioner, a mention of which occurs in the order of the Additional District Magistrate (Finance and Revenue) impugned dated 02.09.2026 passed under Section 14.
4. If the petitioner has anything to say against the recovery proceedings, it is by way of an application under Section 17 SARFAESI Act against the notice/measures taken under Section 13(4) SARFAESI Versus Counsel for Petitioner(s) : Saurabh Singh Counsel for Respondent(s) : C.S.C., Krishna Mohan Asthana M/s. Sharda Metals and others .....Petitioner(s) State of U.P. and others .....Respondent(s)
Act before the Debts Recovery Tribunal.
5. In view of existence of an equally efficacious alternative remedy, we are not inclined to entertain this writ petition. It is, accordingly, dismissed. September 23, 2026 I. Batabyal WRIC No. 38205 of 2026 2 (Indrajeet Shukla,J.) (J.J. Munir,J.) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad