Court No. - 38
Case :- WRIT - C No. - 28532 of 2018 Petitioner :- Ajahar Ali Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastav,Rakesh Pati Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
For recovery of secured loan an order under Section 14 of the of the Securitisation and Reconstruction of Financial Assets and Enforcement of Interest Act, 2002 (in short " the SARFAESI Act") has been passed by the District Collector to take possession of the property in question. Against the said order the petitioner has remedy of filing an appeal under Section 17 (1) of the SARFAESI Act.
Learned counsel for the petitioner submits that his appeal may be time barred.
In case, the appeal of the petitioner is time barred, the petitioner can move an application under Section 5 of the Limitation Act along with appeal, which shall be considered and decided by the Tribunal under Section 17 (1) of the SARFAESI Act.
With the aforesaid observations/directions, the writ petition is, accordingly, disposed of.
Order Date :- 23.8.2018 A. Pt. Singh (Rajiv Gupta, J.) (Abhinava Upadhya,J.)