Neutral Citation No. - 2024:AHC-LKO:44412-DB
Court No. - 2
Case :- WRIT - C No. - 5672 of 2024
Petitioner :- M/S Maa Sharda Traders Thru. Its Proprietor Mr. Ajay Kumar
Tiwari And Another
Respondent :- District Magistrate , Pratapgarh And Others
Counsel for Petitioner :- Anand Kumar,Manuvendra Singh
Counsel for Respondent :- C.S.C.,Prashant Kumar Srivastava
Hon'ble Alok Mathur,J.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Anand Kumar, learned counsel for petitioners as well as learned
Standing Counsel for respondent Nos. 1 & 4 and Sri Ankit Barnwal, Advocate
holding brief of Sri Prashant Kumar Srivastava, learned counsel for respondent
Nos. 2 & 3.
2. By means of present writ petition, the petitioner has challenged the order
12.06.2024 passed by Nayab Tahsidar, Tahsil Kunda, District Pratapgarh in
compliance of order dated 23.10.2020 and amended order dated 18.12.2020
passed by District Magistrate Pratapgarh in exercise of powers under Section 14
of the SARFAESI Act 2002 where orders have been passed by the District
Magistrate to take possession of the secured assets which are in possession of
the petitioner.
3. A preliminary objection has been raised by learned counsel for respondents
stating that petitioners have an equally efficacious remedy of filing an
application under Section 17 of SARFAESI Act, 2002.
4. At this stage, learned counsel for petitioners does not dispute the aforesaid
submission and submits that they may be permitted to withdraw this writ
petition with liberty to approach Debt Recovery Tribunal for redessal of their
grievances as raised in the present writ petition.
5. Accordingly, considering the fact that petitioners have an equally efficacious
remedy of filing an application under SARFAESI Act, the writ petition is
dismissed on the ground of alternative remedy. It is provided that in case the
said application is filed within two weeks from today, the Debt Recovery
Tribunal shall proceed to consider and decide the same expeditiously
(Arun Kumar Singh Deshwal,J.) (Alok Mathur, J.)
Order Date :- 28.6.2024
Ravi/
Digitally signed by :-
RAVI SHANKAR SRIVASTAV
High Court of Judicature at Allahabad,
Lucknow Bench