Court No. - 19
Case :- WRIT - C No. - 3441 of 2021 Petitioner :- Noble Co-Operative Bank Ltd. Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Kumar Dixit Counsel for Respondent :- C.S.C.,Awadhesh Kumar Mishra,Yash Padia
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner is seeking following relief :-
i) issue a writ, order or direction in the nature of Certiorari to quash the Securitization Proceedings being conducted by respondent no.2 in SA-691 of 2019 being barred by limitation period as per Section 17 of the SARFAESI Act, 2002.
ii) issue a writ, order direction in the nature of Certiorari, to qush the part of order dated 22.12.2020 passed by Respondent no.2 by which the execution of order under Section 14(1) of the SARFAESI Act dated 27.04.2019 was stayed by respondent no.2.
iii) issue a writ, order or direction in the nature of Mandamus commanding and directing the respondent nos. 3, 4 and 5 to provide police force in terms of order dated 27.4.2019 passed under Section 14 of SARFAESI Act, 2002, so that the physical possession of the secured assets could be taken at the earliest and in compliance of the order passed by Hon'ble Court of India."
Shri Vijay Kumar Dixit, learned counsel for petitioner, on instructions, submits that he is not pressing the prayers made in writ petition and undertakes to file objection before the Debts Recovery Tribunal, Lucknow within a period of two weeks and prayed that same may be decided expeditiously.
Shri Yash Padia, learned counsel for respondents no.5 and 6 has no objection, if such prayer is allowed.
Considering the facts and circumstances of case and without going into the merits of case, the writ petition is finally disposed of with a direction that in case, petitioner filed an objection before Debts Recovery Tribunal, Lucknow, within a period of three weeks from today, the same shall be considered while deciding the petitioner's aforesaid case and shall take all endeavours to decide the same and pass an appropriate reasoned order after affording an opportunity of hearing to all concerned parties, expeditiously, preferably within a period of six months from today.
Order Date :- 12.8.2021 Rishabh [Saurabh Shyam Shamshery, J.]