Rajaram vs District Magistrate Amethi & Ors.
2021 Latest Caselaw 8353 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- MISC. BENCH No. - 14636 of 2021
 

 
Petitioner :- Rajaram
 
Respondent :- District Magistrate Amethi & Ors.
 
Counsel for Petitioner :- Rakesh Dwivedi
 
Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

1. Heard learned counsel for the petitioner and Mr. Arun Pratap Singh, Advocate holding brief of Mr. Prashant Kumar Srivastava, learned counsel for opposite party Nos.2 to 4.

2. This writ petition has been filed challenging the impugned recovery notice dated 18.06.2021 issued by the Bank/opposite party No.2.

3. Perusal of impugned notice clearly indicates that the same has been issued in exercise of powers under Section 13(2) Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'). The petitioner has a remedy of filing representation before the Bank itself under Section 13(3-A) of the Act or challenge the same before DRT under Section 13(4) of the Act. In this regard, reference has been made to the judgment of the Supreme Court in the case of Kanaiyalal Lalchand Sachdev & Ors v. State of Maharastra & Ors., (2011) 2 SCC 782.

4. In view of the judgment of the Supreme Court in the case of Kanaiyalal Lalchand Sachdev (supra), this writ petition being not maintainable, is hereby dismissed.

(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.)

Order Date :- 20.7.2021

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