Smt. Kusum Lata Soni And Another vs State Of U.P. And 3 Others
2022 Latest Caselaw 3219 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 13974 of 2022
 

 
Petitioner :- Smt. Kusum Lata Soni And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Hare Ram
 
Counsel for Respondent :- C.S.C.,Ashish Agrawal
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Jayant Banerji,J.

Heard learned counsel for the petitioners and the learned standing counsel for the State - respondents and Sri Dhyan Shanker Pandey, learned counsel for the respondent nos.2& 3/Bank.

This writ petition has been filed praying for the following reliefs :

i) Issue a writ, order or direction in nature of certiorari quashing the impugned Auction Proceeding dated 29.04.2022 in pursuance of Auction Notice dated 10.04.2022 by the respondent No.2 and 3 and its consequential proceedings if any.

ii) Issue a writ, order or direction in nature of mandamus to direct the respondent No.2 and 3 not to confirm the sale of the Residential House No.89/2, Om Nagar, Phase - 2, Soyepura, District Varanasi of the Petitioners in pursuance of the aforesaid impugned Auction Notice dated 10.04.2022 published on the bank website.

Learned counsel for the respondent - Bank has raised a preliminary objection as to the maintainability of the writ petition on the ground that the petitioners have remedy under Section 17 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). He, further, states that auction of the secured assets has already taken place on 29.04.2022 and thus the writ petition is not maintainable. He relied upon a judgment of Hon'ble Supreme Court in the case of Phoenix Arc Pvt. Ltd. Vs. Vishwa Bharti Vidya Mandir AIR 2022 SC 1045.

We have carefully considered the submissions of learned counsels for the parties. We find substance in the submissions made by learned counsel for the respondents/Bank.

In view of the aforesaid and without expressing any opinion on merits of the case of the petitioners, the writ petition is dismissed leaving it open for the petitioners to avail remedy under Section 17 of The SARFAESI Act.

Order Date :- 17.5.2022/vkg