- (1.) Heard learned counsel for the petitioner, Shri Ashish Agrawal, learned counsel for respondent nos.2 & 3 and the learned Standing Counsel for the respondent no.1 and gone through the record.
(2.) By means of the present writ petition, the petitioner has invoked the extra ordinary jurisdiction of this Court under Article 226 of the Constitution of India with the following prayer: 1. To issue a writ, order order or direction in the nature of certiorari for quashing the impugned notice dated 29.7.2020 issued by the respondent Bank; 2. To issue a writ, order or direction in the nature of mandamus restraining the respondent Bank from sale of the immovable property of the petitioner in pursuance to the impugned notice.
(3.) The submission of the learned counsel for the petitioner is that the impugned auction sale notice has been issued by the respondent Bank in an illegal manner without adopting the procedure prescribed under the Act which is nothing but to cause sheer harassment to the petitioner. It is further submitted that the impugned notice has been issued during pandemic of Covid-19 hence the auction of the respondent Bank requires interference in view of the fact that the vires of Section 2(o)(a) of the SARFAESI Act has been challenged by filing a Writ-C No.30846 of 2018. Despite the aforesaid fact, the respondent Bank has issued notice to the petitioner for auction of the immovable property of the petitioner.;