In Residence
Case :- WRIT - C No. - 8528 of 2021 Petitioner :- Sardar Manjeet Singh Respondent :- Baroda U.P. Bank Branch Barra And Another Counsel for Petitioner :- B.D. Shukla Counsel for Respondent :- Shyam Mani Shukla
Hon'ble Mrs. Sunita Agarwal,J. Hon'ble Dinesh Pathak,J.
Heard Sri B.D. Shukla learned counsel for the petitioner and Sri Shyam Mani Shukla learned counsel for the respondents through Video Conferencing.
After a brief submission, learned counsel for the petitioner states that the petitioner would approach the Debt Recovery Tribunal to challenge the auction proceeding initiated by the respondent bank in a proceeding under the SARFAESI Act. It is admitted fact of the matter that proceeding under SARFAESI Act had been initiated by the respondent bank.
In view of the said fact, the writ seeking for quashing of the auction proceeding scheduled on 22.2.2021, of the disputed property, cannot be entertained. On the prayer made by the learned counsel for the petitioner, the writ petition is dismissed as withdrawn with the liberty to the petitioner to approach the Debt Recovery Tribunal.
It goes without saying that while challenging the auction proceeding, it would be open for the petitioner to challenge the notice under Section 13(4) of SARFAESI Act issued by the respondent bank and all other proceedings, if any, undertaken pursuant to the said auction.
The writ petition is dismissed as withdrawn.
Order Date :- 7.5.2021 Brijesh