Court No. - 3
Case :- WRIT - C No. - 32961 of 2021 Petitioner :- Nilima Srivastava Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The instant writ petition has been filed praying for quashing of the notice dated 20.11.2021, issued by respondent no. 3, requiring the petitioner to vacate the mortgage property by 18.11.2021. It is noted in the notice that an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was passed by District Magistrate on 5.8.2019 for delivery of possession of the mortgaged property.
Counsel for the petitioner submitted that the petitioner be granted some reasonable time to vacate the mortgaged property.
We find that the petitioner has already approached Debt Recovery Tribunal by filing Securitisation Application No. 298 of 2020, challenging the proceedings initiated by the Bank under the Act.
Counsel for the petitioner does not dispute that in the said case, the petitioner has also prayed for interim relief.
In such view of the matter, we decline to entertain the prayer and leave it open to the petitioner to raise all pleas, including the prayer for interim relief in the pending application before the Debt Recovery Tribunal.
The petition stands disposed of accordingly.
(Yogendra Kumar Srivastava, J.) (Manoj Kumar Gupta, J.) Order Date :- 17.12.2021/Jaideep/-