Sunita Garg vs State Of U.P. And Others
2011 Latest Caselaw 1358 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 24255 of 2011
 

 
Petitioner :- Sunita Garg
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- Atul Kumar Singh
 
Respondent Counsel :- C.S.C.,Manish Trivedi
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Rajesh Chandra,J.

     The present Writ Petition has been filed, inter-alia, praying for quashing the Notice Dated 23.11.2010 issued under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short " the Securitisation Act").

     Shri Manish Trivedi, learned counsel for the respondent no.3-I.C.I.C.I Bank Limited states that no Action/Measure under Section 13 (4) of the Securitization Act has as yet been taken against the petitioner.

    Thus, at present, only Notice under sub-section (2) of Section 13 of the Securitization Act has been issued to the petitioner.

     As and when any Action/Measure is adopted against the petitioner under sub-section (4) of Section 13 of the Securitization Act, it will be open to the petitioner to pursue appropriate remedy in regard to the same.

    In view of the above, the Writ Petition is liable to dismissed, and the same is accordingly dismissed.

   However, this order will not come in the way of the petitioner in pursuing appropriate remedy before the appropriate forum in case any Action/Measure is adopted against the petitioner under sub-section (4) of Section 13 of the Securitization Act.

Order Date :- 26.4.2011

Ajeet