Court No. - 38
Case :- WRIT - C No. - 28749 of 2018 Petitioner :- Jitendra Kumar Agrawal Respondent :- State Of U P And Another Counsel for Petitioner :- Utkarsh Singh Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
For recovery of a loan to which the petitioner defaulted, the proceedings have been initiated under SARFAESI Act and an order to take over the possession has been passed by the District Magistrate under section 14 of the SARFAESI Act.
Learned counsel for the petitioner submits that the petitioner has preferred an appeal against the said order being S.A. No. 315 of 2018 before Debts Recovery Tribunal, Lucknow. The said appeal has not been decided so far and the bank is proceeding to take over the possession.
We have considered the submissions of learned counsel for the petitioner.
The writ petition is disposed of with the observation that the appeal of the petitioner be considered and decided in accordance with law and the bank authority will abide by the decision passed in the said appeal for taking any further action.
Order Date :- 24.8.2018 R