Advocates:
['VINAY KUMAR SINGH CHANDEL', '', 'RABINDRA TIWARI', 'C S C', '', 'SHYAM MANI SHUKLA']

Court No. - 9

Case :- WRIT - C No. - 12029 of 2021

Petitioner :- Vikes Babu

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Vinay Kumar Singh Chandel,Rabindra

Tiwari

Counsel for Respondent :- C.S.C.,Shyam Mani Shukla

Hon'ble Sanjay Yadav,Acting Chief Justice

Hon'ble Prakash Padia,J.

Matter is taken up through Video Conferencing.

Sri Vinay Kumar Singh Chandel and Sri Rabindra Tiwari,

learned counsel appear on behalf of petitioners.

Sri Shyam Mani Shukla, learned counsel appears on behalf of

respondents.

The petitioner borrower take exception to the initiation of

proceeding by the Bank under Section 13(1) Securitisation and

Reconstruction of Financial Assets and Enforcement of Securities

Interest Act, 2002 for recovery of dues.

In view of the law laid down by the Supreme Court in United

Bank of India v. Satyawati Tandon and Others, (2010) 8 SCC 110

wherein it is held by their Lordships:

"42. There is another reason why the impugned order

should be set aside. If respondent No.1 had any tangible

grievance against the notice issued under Section 13(4) or

action taken under Section 14, then she could have availed

remedy by filing an application under Section 17(1).