M/S Swarthi Tent House And Trading vs State Of U.P. And 2 Others
2022 Latest Caselaw 19944 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 33710 of 2022
 
Petitioner :- M/S Swarthi Tent House And Trading
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Raj Kumar Singh
 
Counsel for Respondent :- C.S.C.,Ajit Kumar Srivastava,Satish Chaturvedi
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the petitioner. Sri Ajit Kumar Srivastava, learned Advocate has put in appearance on behalf of respondent-Bank.

The petitioner herein seeks to challenge the notice under Section 13(2) of the SARFAESI Act, 2002 dated 16.09.2022.

It is open for the petitioner to file objection invoking the provisions of Section 13(3)A of the SARFAESI Act, 2002 and in case, such an objection is filed within a period of two weeks from today along with certified copy of this order, the bank concerned shall be under obligation to deal with the same strictly in accordance with the judgments of the Apex Court as well as of this Court which lay down the obligation upon the bank under Section 13(3)A of the SARFAESI Act, 2002.

However, no coercive measure shall be initiated without disposal of the objections raised by the petitioner.

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

It is made clear that the copy of the order of disposal of objection of the petitioner shall be duly served upon the petitioner.

Order Date :- 5.12.2022

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