WPMS/640/2021
2021 Latest Caselaw 981 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
          ON THE 17TH DAY OF MARCH, 2021
                         BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


     WRIT PETITION (M/S) No. 640 of 2021

BETWEEN:

M/s Nisar Tyre Services.                 ..........Petitioner
     (Mr. Sahil Mullick, Advocate)

AND:
The District Magistrate,
Haridwar & others.                       ....Respondents
     (Mr. Rakesh Kunwar, Additional C.S.C. for the State of
     Uttarakhand, Mr. Ashish Joshi, Advocate for respondent
     no. 2 and Mr. D.C.S. Rawat, Advocate for respondent no.
     3)


                      JUDGMENT

Petitioner is a borrower, who has defaulted in re-payment of loan. Proceedings were initiated against him under SARFAESI Act in the year 2018 and now, District Magistrate, Haridwar has passed an order, permitting the Authorized Officer of the Bank to put the mortgaged property of the petitioner to auction. Thus, feeling aggrieved, petitioner has approached this Court.

2. Hon'ble Supreme Court in the case of United Bank of India Vs. Satyawati Tandon and others, reported in 2010 (8) SCC 110, has held that High Court cannot entertain the writ petitions against proceedings under SARFAESI Act.

3. In such view of the matter, this Court declines to entertain this writ petition.

4. Accordingly, the writ petition is dismissed on the ground of alternative remedy, with liberty to petitioner to approach the appropriate forum available to him under law.

(MANOJ KUMAR TIWARI, J.) Arpan