M/S Priyankas vs Union Of India
2022 Latest Caselaw 1367 Raj/2

      HIGH COURT OF JUDICATURE FOR RAJASTHAN
                  BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 21715/2019

1.     M/s Priyankas, Through Its Proprietor Bhairu Narain
       Mathur S/o Sh. D.n. Mathur, R/o 25/64, Kaveri Path,
       Mansarovar, Jaipur (Rajasthan)
2.     Ashok Narain Mathur S/o Sh. D.n. Mathur, R/o 25/64,
       Kaveri Path, Mansarovar, Jaipur (Rajasthan)
3.     Smt. Sudha Mathur W/o Sh. Bhairu Narain Mathur, R/o
       25/64, Kaveri Path, Mansarovar, Jaipur (Rajasthan)
4.     Smt. Kriti Mathur W/o Sh. Ashok Narain Mathur, R/o
       25/64, Kaveri Path, Mansarovar, Jaipur (Rajasthan)
                                                                  ----Petitioners
                                   Versus
1.     Union Of India, Through Secretary, Ministry Of Finance
       (Department Of Revenue), No. 137, North Block, New
       Delhi-110001
2.     Orix Leasing And Financial Services India Limited, Branch
       At 6Th Floor, K-14, Ipc Tower, Ashok Marg, C-Scheme,
       Jaipur-302001 (Rajasthan), Through Authorized Officer
3.     Authorized Officer, Orix Leasing And Financial Services
       India Limited, Plot No. 94, Marol Co-Operative Industrial
       Estate, Andheri - Kurla Road, Andheri (East), Mumbai-
       400059
                                                                ----Respondents

For Petitioner(s) : Mr. Priyesh Kasliwal through VC for Mr. P.K. Kasliwal For Respondent(s) : Mr. O.P. Mishra through VC

HON'BLE MR. JUSTICE SAMEER JAIN

Order

08/02/2022

Learned counsel for the petitioners has approached this

Court against the action of respondents under Sections 13(2) & 13

(4) of The Securitisation And Reconstruction Of Financial Assets

(2 of 2) [CW-21715/2019]

And Enforcement Of Security Interest Act, 2002 (for short

'SARFAESI Act') dated 10.09.2019 and 03.12.2019. At the outset,

learned counsel for the petitioners submits that he wants to file an

appeal before the Debt Recovery Appellate Tribunal in terms of

Section 12 of the SARFAESI Act or wants to seek any other

remedy available under law.

He wants to withdraw the present writ petition with liberty to

approach the Debt Recovery Appellate Tribunal within a period of

15 days.

Looking to the said prayer, this Court is of the opinion that in

the light of Apex Court judgment reported in (2022 SCC online SC

44) titled Phoenix ARC Private Ltd vs. Vishwa Bharati Vidya

Mandir And Ors., the liberty/ request made by the petitioners'

counsel is granted.

The present writ petition is disposed of in above terms.

All the pending applications also stand disposed of.

(SAMEER JAIN),J

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