Court No. - 40
Case :- WRIT - C No. - 14756 of 2018 Petitioner :- Matai Chauhan Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Padmakar Rai,Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
Heard learned counsel for the petitioner.
The petitioner has filed this writ petition challenging the notice of demand by the respondent nos.4 and 5 under the SARFAISI Act, 2002 which appears to be a private bank.
In view of the law laid down by the Apex Court in the case of Federal Bank Ltd. Vs. Sagar Thomas and others, AIR 2003 SC, 4325 a writ petition against such a notice arising out of contractual obligations of a loan transactions would therefore not be entertainable.
The second ground of challenge of the petitioner is that his vehicle has been forcibly seized by the respondent nos.4 and 5 even prior to the sending of a notice of demand. For this the petitioner has already taken steps by lodging an application under Section 156(3) Cr.P.C.
It is for the concerned Court to get the matter investigated and take cognizance thereof and as such in the aforesaid circumstances we are not inclined to entertain the writ petition as it is not maintainable for the relief as against the notice dated 21.03.2018.
The writ petition is consigned to records with liberty to the petitioner to avail of the remedy that may be available to him in accordance with law.
Order Date :- 24.4.2018 R./