SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(All) 312

A.P.SAHI, SHASHI KANT
ANURADHA SINGH – Appellant
Versus
CHIEF METROPOLITAN MAGISTRATE KANPUR NAGAR – Respondent


Advocates:
Counsel :
Shailendra Kumar Pandey for the Petitioners; C.S.C. and Satish Chaturvedi for the Respondents.

JUDGMENT

By the Court.—Heard Sri S.K.pandey, learned counsel for the petitioner and Smt. Archana Singh, learned counsel for the respondent bank.

2. This writ petition has a litigative history namely that the petitioner had earlier filed Writ C No. 16959 of 2014 that was dismissed as withdrawn with liberty to file a fresh writ petition.

3. The petitioner filed a second writ petition being Writ C No. 21981 of 2014 which was disposed of with the clear observation that the petitioners will have to avail of the remedies under the SARFAESI Act 2002. The judgment dated 17.4.2014 is extracted hereinunder :

“We have heard Sri Shashi Kumar Verma, learned counsel for the petitioners, learned Standing Counsel for the respondent Nos. 1 and 2 and Sri Satish Chaturvedi, learned counsel for the respondent Nos. 3 and 4.

This writ petition is directed against the auction notice dated 20.2.2014 and notice dated 12.3.2014 issued by the respondent No. 3 under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act).

Learned counsel for the petitioners has mainly contended that in case the Bank giv




























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top