Court No. - 29
Case :- WRIT - C No. - 14434 of 2018 Petitioner :- Sudhir Kumar Respondent :- Allahabad Bank And 3 Others Counsel for Petitioner :- Wahaj Ahmad Siddiqui Counsel for Respondent :- Tarun Varma,Habib Ahmad
Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the parties.
The petitioner has preferred this writ petition for a direction upon the authorities not to proceed with the recovery proceedings or auction of the property no.287 situated at Ahraura Khas, Tehsil Chunar, District Mirzapur as the petitioner has 1/3rd undivided share in the same. It appears that other co-owners of the house in dispute have 2/3rd undivided share, have mortgaged the property in order to secure the loan taken taken from the Allahabad Bank. In order to realise the loan amount, proceedings under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to "SRFAESI Act") were initiated against them whereupon after notice under Section 13(2) and 13(4) of the SRFAESI Act the property has been notified for auction vide notice dated 17.3.2018 as published in Umar Ujala, Varanasi dated 20.3.2018.
Sri Habib Ahmad, learned counsel appearing for the Allahabad Bank on instruction informs that only 2/3rd undivided share of the borrowers is being auctioned and not the share of the petitioner. This apart the proceedings initiated under Section 13 of the SRFAESI Act can be assailed by the petitioner by taking recourse to Section 17 of the SRFAESI Act.
In view of the facts and circumstances, we do not deem it necessary to exercise our discretionary jurisdiction in the matter.
The writ petition is, accordingly, dismissed.
Order Date :- 30.1.2019 AKJ