Kamlesh Kumar Pandey vs State Of U.P. And 3 Others
2017 Latest Caselaw 6541 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 35
 

 
Case :- WRIT - C No. - 52100 of 2017
 

 
Petitioner :- Kamlesh Kumar Pandey
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Vidya Kant Tripathi,Sanjay Kumar Singh
 
Counsel for Respondent :- C.S.C.,Habib Ahmad
 

 
Hon'ble Bharati Sapru,J.

Hon'ble Siddharth,J.

Heard Shri Vidya Kant Triapthi, learned counsel for the petitioner, learned Standing Counsel for the respondent nos.1 to 3 and Shri Habib Ahmad, learned counsel for the respondent no.4.

The petitioner has challenged the sale notice dated 05.09.2017 and e-auction notice dated 16.10.2017 passed under Section 13 and 13((4) of the SARFAESI Act, 2002. This Court in the case of M/S Kanika Swami Vs. State of U.P. and Others passed in Writ-C No.46425 of 2017 decided on 11.10.2017 has held that against the order passed under Section 13(4) of the Act, remedy lies under Section 17 of the SARFAESI Act, 2002 itself.

In the instant case it is open to the petitioner to take recourse to the statutory remedy available to him under Section 17 of the Act.

For the aforesaid reasons, this writ petition is not maintainable at this stage and is accordingly dismissed.

Order Date :- 8.11.2017

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