Smt. Shabana vs State Of U.P. And Another
2023 Latest Caselaw 6113 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 21
 

 
Case :- WRIT - C No. - 6418 of 2023
 

 
Petitioner :- Smt. Shabana
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Hemendra Gautam,Amit Kumar Kushwaha,Namita Katara Gautam
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manoj Kumar Gupta,J.

Hon'ble Syed Qamar Hasan Rizvi,J.

The petitioner has challenged the notice issued by respondent no.2 under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The submission of counsel for the petitioner is that some reasonable time be granted to the petitioner to make the deposits.

Respondent no.2, the secured creditor, in the instant case, is a private finance company and in view of the judgment of Hon'ble Supreme Court in Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir and Ors. reported in 2022(5) SCC 345, writ petition under Article 226 of the Constitution would not be maintainable against the private finance company. Moreover, if the petitioner is eager to deposit the amount, the notice itself gives such a liberty to the petitioner.

No ground is made out for this Court to interfere in the matter. The petition is dismissed accordingly with the above liberty.

Order Date :- 24.2.2023

Abhishek Gupta

(Syed Qamar Hasan Rizvi,J.) (Manoj Kumar Gupta,J.)