Court No. - 29
Case :- WRIT - C No. - 23503 of 2019 Petitioner :- M/S Balaji Cement And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pramod Kumar Srivastava,Vishesh Kumar Gupta Counsel for Respondent :- C.S.C.,Dharmendra Vaish
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioners. Sri Dharmendra Vaish, learned counsel has appeared for the Prathama Bank.
The petitioners have filed this petition for quashing of the notice dated 12.03.2019 issued by the District Magistrate, Moradabad for possession under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short SARFAESI Act).
The aforesaid notice is simply a notice calling upon the petitioners to appear in person and to submit their explanation as to why the physical possession of the secured assets may not be taken pursuant to the proceedings under Section 13(2) of the SARFAESI Act.
In view of the nature of the notice as stated above, the petitioners may appear and submit their explanation and wait for the final order to be passed by the District Magistrate. There is no ordered cause of action as on date.
The Writ Petition is premature and is misconceived. It is accordingly, dismissed.
Order Date :- 30.7.2019 piyush