Court No. - 29
Case :- WRIT - C No. - 23372 of 2021 Petitioner :- M/S Singh Filling Station Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Prashant Pandey Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Munishwar Nath Bhandari,Acting Chief Justice Hon'ble Vivek Agarwal,J.
Heard counsel appearing for the petitioner and Sri V.P. Mishra, learned counsel for respondent/Bank.
Writ petition has been filed to challenge the auction notice dated 14.08.2021. The facts on record shows that before the notice for auction the respondent/Bank issued notice under section 13 (2) of SARFAESI Act of 2002 (hereinafter referred to as 'the Act of 2002') followed by a notice under section 13 (4) of the Act of 2002.
The petitioner has approached the Debt Recovery Tribunal (DRT) by an application for interim relief against the auction notice under challenge. The DRT has fixed the date for today to hear the application against the same auction notice which has been challenged here.
The aforesaid shows that petitioner is taking two remedies simultaneously which is not permissible and accordingly we find writ to be not maintainable. The petitioner was earlier having a remedy of appeal under section 17 of the Act of 2002 if he was so aggrieved by the notice of Section 13 (4) of the Act of 2002.
Accordingly, writ petition lacks merit and is accordingly dismissed.
Order Date :- 22.9.2021 Madhurima (Vivek Agarwal, J.) (Munishwar Nath Bhandari, A.C.J.)