M/S Shivoy Dosa v. State Of U P And 2 Others
Case at a glance
- Decided
- 30 May 2022
- Bench
- SURYA PRAKASH KESARWANI, DEEPAK VERMA
Provisions considered
Judgment
Heard learned counsel for the petitioner, learned standing counsel for the State-respondents and Sri Brahmanand Singh, learned counsel for the respondent Nos.2 and 3/ bank. This writ petition has been filed praying for the following relief: "(A) Issue a writ order or direction in the nature of certiorari to quashing the possession notice- dated 19.02.2022 issued by the respondent No.3 (Annexure No.1) to this writ petition. (B) To stay the effect and operation of possession notice dated 19.02.2022 issued by the respondent N0.3. (C)Issue a writ or direction in the nature of mandamus to direct the respondent No.2 to consider the grievance in respect of restructuring and upgrade the accounts of the petitioner. " Proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) has already been initiated by the respondent-bank. Against the impugned recovery, petitioner has remedy under SARFAESI Act, 2002. Therefore, without expressing any opinion on merits of the case of the petitioner, the writ petition is dismissed, leaving it open for the petitioner to avail such remedy as may be available to him under law. Order Date :- 30.5.2022 NLY YADAV Reason: Location: High Court of Judicature at Allahabad
Questions this judgment answers
Which statutory provisions did this judgment involve?
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; SARFAESI Act, 2002.
Which court decided this case, and when?
Allahabad High Court, on 30 May 2022. The bench was SURYA PRAKASH KESARWANI, DEEPAK VERMA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.