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2025 Supreme(Online)(All) 2642

ALLAHABAD HIGH COURT
Sri Mathews J. Nedumpara, J
Benara Autos Pvt. Ltd v. State of Up


Advocates:
For the Appellants/Petitioners: Sri Mathews J. Nedumpara, Sri Zain Abbas
For the Respondents: Sri Vivek Kumar Singh, Sri Sanjay Kumar Gupta, Sri Raj Mohan Upadhyay, Sri Amit Shukla

1. Heard Sri Mathews J. Nedumpara (through Video Conferencing) along with Sri Zain Abbas, learned counsel for the petitioners, Sri Vivek Kumar Singh, learned counsel appearing for respondent Nos.7 and 8, Sri Sanjay Kumar Gupta, learned counsel appearing for respondent Nos.3 to 6, Sri Raj Mohan Upadhyay, learned Standing Counsel for State - respondents and Sri Amit Shukla, learned counsel for respondent No.12.

2. Present petition has been filed seeking following reilefs:

a. To declare that the S.13 of the SARFAESI Act , and S.19 of the RDB Act , S.7, S.9, S.10 and S.95 of the IBC are unconstitutional, ultra vires and void and are liable to be so declared, inasmuch as the said enactments are wholly one - sided, drafted on the grossly erroneous premise that the right to relief, nay, remedies, arise only at the hands of a banker as against the borrower and that the enquiry to be conducted is wholly one - sided, or in the alternative to declare that the borrower's right to be an actor / Petitioner for the enforcement of his remedies has to be read into the said Acts;

b. To declare that S.34 of the RDB Act , and S.34 of the SARFAESI Act and S.63 of the IBC which bar the jurisdiction of

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