Sandeep vs Bank Of Maharashtra And Others
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Uttarakhand High Court

Sandeep vs Bank Of Maharashtra And Others on 24 February, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
            Writ Petition No. 554 of 2025 (M/S)
Sandeep                                                ..........Petitioner

                                      Vs.

Bank of Maharashtra and others                        ........ Respondents
Present :   Mr. Shakib Hussain, Advocate for the petitioner.


                                JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The challenge is made to an e-Auction Sale

Notice dated 26.07.2024, issued by the respondents

under the Securitisation and Reconstruction of Financial

Assets and Enforcement of Security Interest Act, 2002

("the SARFAESI Act").

2. Heard learned counsel for the parties and

perused the record.

3. Learned counsel for the petitioner would

submit that petitioner had taken a loan of `27 Lacs. But,

the respondents-bank sanctioned `40 Lacs and got it

deposited in his account, but subsequently, withdrew `18

Lacs.

4. What is challenged in the proceedings is

under the SARFAESI Act. The SARFAESI Act is self

contained Act under Section 17 of the SARFAESI

Act, the petitioner has every occasion to challenge

the action, by which, the petitioner is aggrieved.

Therefore, there is no reason to entertain the instant

petition. Accordingly, the petition deserves to be

dismissed at the stage of admission itself.

5. The petition is dismissed in limine.

(Ravindra Maithani, J.) 24.02.2025 Sanjay