M/S Shri Ram Gun Store And 2 Others vs State Of U P And 4 Others
2018 Latest Caselaw 2196 ALL

Citation : 2018 Latest Caselaw 2196 ALL
Judgement Date : 28 August, 2018

Allahabad High Court

M/S Shri Ram Gun Store And 2 Others vs State Of U P And 4 Others on 28 August, 2018

Bench: Abhinava Upadhya, Rajiv Gupta




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 38
 

 
Case :- WRIT - C No. - 28854 of 2018
 

 
Petitioner :- M/S Shri Ram Gun Store And 2 Others
 
Respondent :- State Of U P And 4 Others
 
Counsel for Petitioner :- Narendra Singh,Kamlesh Singh
 
Counsel for Respondent :- C.S.C.,Satish Chaturvedi
 

 
Hon'ble Abhinava Upadhya,J.

Hon'ble Rajiv Gupta,J.

The petitioner no. 1 is the father of the petitioner no.2. The petitioner no. 3 is mother of the petitioner no. 2 and is also guarantor. The petitioner no.1 had taken cash credit facility for a sum of Rs. 7,16,500/- and petitioner no. 2 had taken cash credit facility for a sum of Rs. 3,60,000/-. Both petitioners defaulted in payment and therefore the recovery certificate for a sum of Rs. 13,31,694 was issued on 2.11.2016.

It is submitted by learned counsel for the petitioners that order under section 13(2) of SARFAESI Act was also passed to which the petitioners claim to have filed their objection on 5.12.2016. It is claimed that the said objection has not been decided and the respondents have now obtained order under section 14 of SARFAESI Act from the Collector.

It is submitted that without deciding the objection of the petitioners, the respondents can not take possession of the house property.

Learned counsel for the petitioners has relied upon the decision of Division Bench of this Court passed in the case of , A.N.K. Rastobars Pvt. Ltd & another Vs. State of U.P. & others dated 11.3.2015 by which it was provided that the proceeding under section 14 of SARFAESI Act can not be taken unless the objection filed by the petitioners under section 13(3-A) is decided.

We have considered the submissions of learned counsel for the petitioners.

Since the petitioner has already filed objection under section 13(3-A) of SARFAESI Act and the same has not been decided, the writ petitions is disposed of with the direction that the objection of the petitioners be decided in accordance with law within a period of one month from the date of production of a certified copy of this order.

With the aforesaid observation the writ petition is finally disposed of.

Order Date :- 28.8.2018