Vinita Sharma vs State Of U.P. And 4 Others
2024 Latest Caselaw 36341 ALL

Allahabad High Court

Vinita Sharma vs State Of U.P. And 4 Others on 5 November, 2024

Bench: Vivek Kumar Birla, Yogendra Kumar Srivastava

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:173088-DB
 
Court No. - 29
 
Case :- WRIT - C No. - 34104 of 2024
 
Petitioner :- Vinita Sharma
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Ambrish Chandra Pandey
 
Counsel for Respondent :- Anadi Krishna Narayana,C.S.C.
 

 
Hon'ble Vivek Kumar Birla,J.
 

Hon'ble Dr. Yogendra Kumar Srivastava,J.

Heard Sri Ambrish Chandra Pandey, learned counsel for the petitioner and Sri J.S. Pandey, holding brief of Sri Manish Mehrotra, learned counsel appearing for the respondent no.3 and the learned Standing Counsel appearing for the State-respondent.

The present petition has been filed seeking to quash the order dated 26.02.2018 passed by the Respondent No.2 in computerized case no. D201701107957, Case No. 83/2017 (Bank of Baroda vs. M/s Prerna Construction Private Limited) to the extent whereby the possession of Flat No. B-403 has been given to the Respondent No.3 and flat was seized. Further prayer is for a direction to the respondent no.3, Authorized Officer, Bank of Baroda to unlock/reopen the flat no. B-403, fourth floor in the Mangalam Niketan Agra.

The petitioner claims himself to be bona fide purchaser of the property in question under a sale deed executed prior to the receipt of the notice under Section 13(2) of the SARFAESI Act.

It is not disputed that against the order impugned the petitioner would have a statutory remedy under Section 17 of the SARFAESI Act, in view of the judgment of the Hon'ble Apex Court in the case of United Bank of India vs. Satyawati Tandon and others, 2010 (8) SCC 110 and Kanaiyalal Lalchand Sachdev and others vs. State of Maharashtra and others, 2011 (2) SCC 782.

The petition is accordingly dismissed on the ground of alternative remedy.

The petitioner would be at liberty to avail the alternative remedy, if so advised.

Order Date :- 5.11.2024

Imroz