Court No. - 21

Case :- WRIT - C No. - 39504 of 2022

Petitioner :- Mr.Akash Gupta

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Ashok Kumar Tiwari

Counsel for Respondent :- C.S.C.

Hon'ble Manoj Kumar Gupta,J.

Hon'ble Vikram D. Chauhan,J.

The petitioner has assailed the possession notice dated

11.12.2022 and the order dated 9.12.2021 passed by respondent

No.2 in exercise of power under Section 14 of the Securitisation

and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002.

Learned counsel for petitioner states that the petitioner is ready

to deposit the entire amount.

Section 13 (8) of the Securitisation and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002

stipulates that where the amount of dues of the secured creditor

together with all costs, charges and expenses incurred by him is

tendered to the secured creditor at any time before the date of

publication of notice for public auction or inviting quotations or

tender from public or private treaty for transfer by way of lease,

assignment or sale of the secured asset, the secured asset shall

not be so transferred.

Consequently, it i