Court No. - 36
Case :- WRIT - C No. - 20511 of 2019 Petitioner :- Shashi Agnihotri @ Shashi Prbha Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Suman Kumar Yadav Counsel for Respondent :- C.S.C.,Tarun Varma
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the order dated 03.06.2019 passed by the Debts Recovery Tribunal, Allahabad whereby the Securitisation Application No.57 of 2018 filed by the petitioner has been dismissed. By means of the order impugned, the challenge by the petitioner to the auction proceeding held pursuant to the sale notice dated 18.10.2017 has been turned down.
Simultaneously, the validity of the order dated 19.05.2018 passed by the Chief Metropolitan Magistrate, Kanpur Nagar for handing over possession of the secured assets to the respondent- bank has also been repelled. Submission of learned counsel for the petitioner is that no opportunity whatsoever has been provided to the petitioner by the Chief Metropolitan Magistrate before proceeding to take possession of the secured assets i.e. before making effort to dispossess the petitioner from the disputed property. Reliance is placed on the judgement of this Court in the case Kumkum Tentiwal Vs. State of U.P. & others reported in 2019 (2) ADJ 125 (DB).
Be that as it may, having noticed the fact that the Securitisation Application No.57 of 2018 filed by the petitioner under Section 17(1) of the SARFAESI Act, 2002 has been decided on merit, appropriate remedy for the petitioner is to approach the Debts Recovery Appellate Tribunal under Section 18 of the SARFAESI Act' 2002.
The present petition to challenge the order passed by the Debts Recovery Tribunal, Allahabad dated 03.06.2019 cannot be maintained. The writ petition is, accordingly, dismissed on the ground of statutory alternative remedy available to the petitioner.
Order Date :- 24.6.2019 Himanshu