Court No. - 38
Case :- WRIT - C No. - 6415 of 2019 Petitioner :- M/S Nimara Traders Respondent :- State Of U P And Another Counsel for Petitioner :- Tej Om Prakash Gupta Counsel for Respondent :- C.S.C.,Abhishek Mishra
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioner; Shri Abhishek Mishra, learned counsel for the Syndicate Bank-respondent no. 2 and learned Standing Counsel for the State-respondent no. 1.
This is a writ petition against possession notice issued to the petitioner under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the SARFAESI Act") dated 20.1.2019.
Against the notice under Section 13(4) of the SARFAESI Act the petitioner has remedy of filing an application under Section 17(1) of the same Act. Therefore, in view of the efficacious statutory alternative remedy being available to the petitioner, we are not inclined to interfere.
The writ petition is, accordingly, dismissed.
In case the petitioner approaches the Bank for statement of account, the same be given to the petitioner within a week.
Order Date :- 25.2.2019 Sunil Kr. Gupta (Jayant Banerji, J.) (Abhinava Upadhya, J.)