Court No. - 35
Case :- WRIT - C No. - 18976 of 2019 Petitioner :- Satendra Pal Respondent :- State Of U.P. And Another Counsel for Petitioner :- Ashwani Kumar Mishra,Devendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Shri A.K. Mishra, learned counsel for the petitioner and Shri Vinod Kant, learned Additional Advocate General assisted by Shri B.P. Singh Kachhawah, learned Standing Counsel for the State.
The petitioner is seeking relief against the private finance company, which is not a State within the meaning of Article 12 of the Constitution of India.
Even otherwise, the petitioner has a statutory remedy of filing an appeal under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal.
In view of the availability of the statutory remedy, we are not inclined to interfere in the matter at this stage. However, it is open to the petitioner to take recourse to the remedy available to him under the Act itself.
The writ petition is accordingly dismissed.
Order Date :- 29.5.2019 pks