Court No. - 29
Case :- WRIT - C No. - 23513 of 2019 Petitioner :- Isharat Jaha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- R.V. Pandey Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard Sri R.V. Pandey, learned counsel for the petitioner and Sri Namit Srivastava holding brief of Sri Sandeep Kumar Singh, who has accepted notice on behalf of Bank of Baroda.
The petitioner is a borrower and has defaulted in the payment of the secured loan.
Accordingly, proceedings under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short SARFAESI Act) were initiated and after an order was passed under Section 14 of the SARFAESI Act on 20th September, 2017, the secured asset has been auctioned in favour of one Jitendra Gupta.
The petitioner by means of this writ petition has only challenged the sale notice dated 20.09.2017 and 22.03.2019 without challenging the auction proceedings and contends that the petitioner is ready and willing to make the payment of the bank dues.
At this stage payment of bank dues would not serve any purpose as the secured asset has already been auctioned and transferred to a third party. The petitioner may approach the bank if he is to pay the amount.
The Writ Petition is misconceived and lacks merit. It is accordingly, dismissed.
Order Date :- 30.7.2019 piyush