Mohan Kumar Singhal vs State Of U.P. And 2 Others
2022 Latest Caselaw 20325 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - C No. - 30908 of 2022
 

 
Petitioner :- Mohan Kumar Singhal
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Utkarsh Singh
 
Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
 

 
Hon'ble Mrs. Sunita Agarwal,J.

Hon'ble Vipin Chandra Dixit,J.

Sri Sandeep Kumar Singh learned Advocate appears for the respondent bank.

The issue raised in the present writ petition has been determined by the judgment and order dated 25.11.2022 in Writ-C No. - 22594 of 2022 (Shipra Hotels Limited And Anther vs. State Of U.P. And 3 Others), wherein it is held that the borrower is not entitled for opportunity of hearing at the stage of the decision under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (In short as "the SARFAESI Act, 2002").

We, therefore, find that the challenge to the order dated 30.3.2022 passed by the respondent no. 2 under Section 14 of the SARFAESI Act, 2002 cannot be sustained on the ground of it being an ex-parte order.

However, it is provided that before initiating any action under sub-section (2) of Section 14 of the SARFAESI Act, due information of the date fixed for taking over actual physical possession by police force, if any, shall be duly given to the petitioner giving him sufficient time to remove his belongings or to make an alternative arrangement.

The writ petition is disposed of in view of the directions given above.

Order Date :- 7.12.2022

Brijesh