Court No. - 38
Case :- WRIT - C No. - 6135 of 2019 Petitioner :- Raj Kumari Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Srivastav Counsel for Respondent :- C.S.C.,Rajneesh Kumar Srivastava
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard Sri Sanjay Kumar Srivastava, learned counsel for the petitioner and Sri R.K. Srivastava, learned counsel appearing for the respondent-Bank.
For recovery of loan, an order of possession of the secured assets under Section 14 of the Securitization and Reconstruction of the Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act) has been passed.
The petitioner claims that she is ready to pay the loan provided some instalments is fixed. It is to be noted that once the proceedings under the SARFAESI Act has been initiated, the Court is reluctant to interfere in the same. The petitioner also has a remedy under Section 17(1) of the Act by filing an application before the Debt Recovery Tribunal.
In view of the statutory remedy available to the petitioner, we are not inclined to interfere in this writ petition.
The writ petition is, accordingly, dismissed.
Order Date :- 22.2.2019 sfa/ (Jayant Banerji, J) (Abhinava Upadhya, J)