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2024 Supreme(All) 11

SIDDHARTHA VARMA, SHEKHAR B. SARAF
Trilok Chand Fabrication Pvt. Ltd. – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri Rahul Sripat, learned Senior Advocate assisted by Sri Ishir Sripat and Saurabh Patel, learned counsel.
For the Respondent: Sri Sanjai Singh, Sri Shashi Nandan, assisted by Sri Udayan Nandan, learned

JUDGMENT :

1. The instant writ petition has been filed by the petitioner, M/s Trilokchand Fabrication Pvt. Ltd. praying for the issuance of a writ of certiorari quashing the order dated April 18, 2023 (hereinafter referred to as the ‘impugned order’) passed by The Additional District Magistrate, Finance and Revenue, Bulandshahr (hereinafter referred to as the ‘Respondent No. 3’) and/or a writ of or in the nature of Mandamus directing the Respondent No. 3 to allow the application filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’) without being affected by the temporary injunction order dated November 9, 2021 (hereinafter referred to as the ‘injunction order’).

Facts

2. Factual matrix of the instant case is delineated down below:

a. M/s JN Robotics Automation Pvt. Ltd. (hereinafter referred to as the ‘Respondent No. 5’), Shri Navneet Sharma, Director, Respondent No. 5 (hereinafter referred to as the ‘Respondent No. 6’) and, Shri Jyoti Sharma, Director, Respondent No. 5 (hereinafter referred to as the ‘Respondent No. 7’) had taken a loan from the Punjab National

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