Court No. - 3
Case :- WRIT - C No. - 25268 of 2020 Petitioner :- Yashpal Singh And 2 Others Respondent :- State Of U.P .And 7 Others Counsel for Petitioner :- Krishna Kumar Singh,Arvind Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Naheed Ara Moonis,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Krishna Kumar Singh, learned counsel for the petitioners, Sri Gaurav Srivastava, learned counsel for the respondent nos.3 and learned Standing Counsel for the State- respondent.
Challenge has been raised to the orders dated 12.03.2020 and 21.12.2011 passed by the District Magistrate, Moradabad in exercise of his power under Section 14 of the SARFAESI Act, 2002.
At the outset, preliminary objection has been raised that the petitioners have remedy of filing an appeal under Section 17 of the aforesaid Act.
Reliance has also been made on the decision of the Supreme Court in United Bank of India vs Satyawati Tandon and others; JT 2010 (7) SC 651. Clearly there can be no doubt as to the principle in such matter the parties may be relegated to the forum of alternative remedy and a writ petition may be entertained in rarest of the rare cases.
In the present case, we find that the disputes are factual in nature which may be more adequately addressed in proceedings before statutory forum.
Learned counsel for the petitioners further claims that the petitioners' writ petition has remained pending for a very long period and that benefit of limitation may be granted in terms of principle contained in Section 14 of the Limitation Act and in view of the prevailing situation arising from the spread of pandemic Covid-19.
In view of above, the writ petition is disposed of with the direction that in case, the petitioners apply under Section 17 of the aforesaid Act within two weeks from today along with copy of this order, the said appeal may be entertained on it's own merit, granting benefit of Section 14 of the Limitation Act.
Order Date :- 24.8.2021 A.Kr.