M/S Apoorva Siksha Sansthan vs Union Of India And Another
2023 Latest Caselaw 27342 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:191638-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 28629 of 2023
 

 
Petitioner :- M/S Apoorva Siksha Sansthan
 
Respondent :- Union Of India And Another
 
Counsel for Petitioner :- Vertika Srivastava, Kundan Rai
 
Counsel for Respondent :- A.S.G.I., Jainendra Kumar Mishra
 

 
Hon'ble Siddhartha Varma,J.

Hon'ble Manoj Bajaj,J.

This writ petition has been filed for quashing of the sale notice dated 28.07.2023 by which the auction was fixed for 22.08.2023.

Learned counsel for the petitioner states that the auction did not take pace on 28.7.2023.

Learned counsel for the respondent bank does not dispute this fact. However, learned counsel for the respondent bank has stated that in view of the judgment of the Apex Court in the case of CELIR LLP Vs. Bafna Motors (Mumbai) Pvt. Ltd. & Ors, decided on 21.09.2023 in Civil Appeal No.5542-5543, no interference can now be made.

We do find substance in the submission of learned counsel for the respondent bank.

The writ petition is accordingly, dismissed.

If the petitioner is aggrieved by the action of the bank, it can avail such remedy as may be available to it.

Order Date :- 5.10.2023

R./