M/S Shri Radheygovinda Bakers ... vs Union Bank Of India Kutchery Road, ...
2022 Latest Caselaw 5449 ALL

Citation : 2022 Latest Caselaw 5449 ALL
Judgement Date : 27 June, 2022

Allahabad High Court

M/S Shri Radheygovinda Bakers ... vs Union Bank Of India Kutchery Road, ... on 27 June, 2022

Bench: Sangeeta Chandra, Om Prakash Tripathi




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 5
 
Case :- WRIT - C No. - 3790 of 2022
 
Petitioner :- M/S Shri Radheygovinda Bakers Raebareilly Thru. Proprietor Sonia Rastogi
 
Respondent :- Union Bank Of India Kutchery Road, Raebareilly Thru. Its Auth. Officer
 
Counsel for Petitioner :- Prashant Kumar
 
Counsel for Respondent :- Sharad Tewari
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Om Prakash Tripathi,J.

1. Heard Sri Prashant Kumar, learned counsel for the petitioner and Sri Sharad Tewari for the respondent.

2. This petition has been filed challenging the notice dated 18.05.2022 issued purportedly under Rule 8(1) of the SARFAESI Rules, 2022 read with Section 13(4) of the Act of 2002 by the Authorized Officer of Union Bank of India, Kutchehry Road, Rai Bareilly.

3. It has been submitted by learned counsel for the petitioner that although the mention has been made on Section 13(4) of the Act of 2002, in the said notice, it is in fact no notice in the eye of law as if proposes taking possession on a future date i.e. on 16.06.2022. Against such notice, no petition under Section 17 of the Act would lie as is evident from the judgment rendered by The Debts Recovery Tribunal, Lucknow, in Securitization Application No.446 of 2021 decided on 09.12.2021, a copy of which has been filed as Annexure-3 to the petition. The counsel for the petitioner has pointed out that since the statutory remedy is not available under Section 17, only a writ petition would lie before this Court under Article 226.

4. Sri Sharad Tewari on the basis of instructions received from the Authorized Officer, respondent no.1 states that the notice dated 18.05.2022 is unhappily worded. A prayer has been made that liberty be granted to the Authorized Officer to withdraw this notice and to issue a fresh notice strictly in accordance with the provisions of Section 13(4) of the Act of 2002.

5. This petition is disposed of with a direction to the Authorized Officer to issue a fresh notice as prayed for by him within a period of two weeks from today.

Order Date :- 27.6.2022

Priya