Court No. - 3
Case :- WRIT - C No. - 10569 of 2021 Petitioner :- Ominder Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Alka Srivastava,Santosh Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Santosh Kumar Srivastava, learned counsel for the petitioner and Sri B.P. Singh Kachhawah, learned Standing Counsel for the State.
2. This writ petition has been filed to challenge the order dated 14.09.2020 passed by the Additional District Magistrate (Finance/Revenue), Ghaziabad under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'Act').
3. At the outset, learned Standing Counsel has pointed out that the present petition has been filed with a gross delay of six months. Even otherwise, he would submit that there is statutory remedy available to the petitioner under Section 17 of the Act.
4. Present petition has remained pending at the fresh stage as no one appeared on behalf of the petitioner on 26.03.2021 and again on 19.04.2021 an accommodation was sought by the petitioner when the proceedings were being heard through video conferencing.
5. In view of the gross delay and laches and the conduct of the petitioner noted above, we are not inclined to exercise the extraordinary jurisdiction under Article 226 of the Constitution of India.
6. Accordingly, the writ petition is dismissed, leaving it open to the petitioner to avail the statutory remedy. In that regard, it is provided that in case the petitioner institutes proceedings under Section 17 of the Act, within a period of two weeks from today, along with a copy of this order, those proceedings may be entertained on their own merit.
Order Date :- 24.8.2021 S.Chaurasia