A.P.SAHI, SHASHI KANT
ANURADHA SINGH – Appellant
Versus
CHIEF METROPOLITAN MAGISTRATE KANPUR NAGAR – Respondent
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has a litigative history namely that the petitioner had earlier filed Writ C No. 16959 of 2014 that was dismissed as withdrawn with liberty to file a fresh writ petition.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
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