Court No. - 9
Case :- WRIT - C No. - 11019 of 2021 Petitioner :- M/S Vishal Aata Chakki Respondent :- State Of U.P. Through D.M./ Collector And 2 Others Counsel for Petitioner :- Anil Kumar Dubey,Chandra Bhan Dubey Counsel for Respondent :- C.S.C.,Ramesh Kumar Shukla
Hon'ble Sanjay Yadav,Acting Chief Justice Hon'ble Prakash Padia,J.
The matter is taken up through video conferencing.
Sri A.K. Dubey and Sri C.B. Dubey, learned counsel appears on behalf of petitioner.
Sri Ramesh Kumar Shukla, learned counsel appears on behalf of respondent no.2.
Learned Standing Counsel appears on behalf of respondents no.1 and 3.
The petitioner by way of present petition seeks quashment of notice dated 05.05.2016 issued by the respondent no.2 whereby the petitioner is called upon to settle the Non Performing Asset Loan Account No.86501400000714 and Account No.86507910000470, failing which it is ordered that the action would be initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.
Apparent it is that the notice arises out of failure on the part of the petitioner to abide by the terms and conditions of the loan obtained by him resulting in Non Performing Asset. It being within the competence and jurisdiction of the respondent no.2 to issue notice calling upon the debtor to clear debt.
We are not inclined to cause any indulgence as the notice does not suffer jurisdictional error.
Consequently, petition fails and is dismissed.
Order Date :- 28.4.2021 N Tiwari (Prakash Padia,J.) (Sanjay Yadav,A.C.J.)