Court No. - 21
Case :- WRIT - C No. - 10859 of 2018 Petitioner :- Jaidan Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivam Yadav Counsel for Respondent :- C.S.C.,Fahd Iqbal
Hon'ble Krishna Murari,J. Hon'ble Ajay Bhanot,J.
Aggrieved by the proceedings initiated by the respondent-Bank for recovery of outstanding dues proceedings under SARFAESI Act, 2002 (hereinafter referred to as the 'Act'), petitioner approached this Court earlier by filing Writ-C No. 62518 of 2017, which was dismissed on 22.12.2017 leaving it open to the petitioner to file objection to the notice under Section 13 (2) of the said Act.
Learned counsel for the petitioner contends that he filed objection to the notice before respondent-Bank, but till date no decision has been taken and the Bank is proceeding for the recovery from petitioner. From the pleading, we find that neither there is any date of the objection nor there is any proof of its service on the respondent-Bank and thus mere statement made by the petitioner that the objection was filed has no force.
Learned counsel for the respondent-Bank also states that according to his instruction, the objection has never been received in the Bank.
However, in the interest of justice, without entering into the controversy, we dispose of the petition, giving one more opportunity to the petitioner to file an objection on the notice under Section 13 (2) within a period of two weeks from today, with the direction to the authority respondent-Bank that in case any such objection is made, a decision, in accordance with law, shall be taken thereon within a period of four weeks from the receipt of the objection .
Order Date :- 28.3.2018 Ravi Prakash