SMT. SEEMA ARORA Vs. STATE OF U.P.
LAWS(ALL)-2021-5-5
HIGH COURT OF ALLAHABAD
Decided on May 07,2021

Smt. Seema Arora Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

HONBLE SAURABH LAVANIA,J. - (1.) Heard learned counsel for the parties.
(2.) The present writ petition has been filed for the following main reliefs:- "(i) Issue a Writ, order or direction in the nature of Certiorari and thereby quash the impugned order dated 15/03/2021 passed by the opposite party No.3 in case no. 02238/2020 Under Section 14 of SARFAESI Act 2020 styled as "State bank of India v/s Smt.Seema Arora." (ii) Issue a writ, order or direction in the nature of Mandamus or any other writ, order or directions to the opposite party no.4 not to initiate the auction proceeding of the house of petitioners and not issue the sale certificate. (iii) Issue a writ, order or direction in the nature of Mandamus or any other writ, order or directions to the opposite parties to not create any hindrance over the peaceful possession of house of the petitioners."
(3.) At the very outset, Sri Alok Saxena, learned counsel for the State of Bank of India (hereinafter referred to as "Bank") as also learned State counsel submitted that the instant writ petition is not maintainable. It is in view of Section 17 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "Act of 2002"), where the remedy is available to the petitioners.;


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