Allahabad High Court
WRIC/38538/2026 of M/S BACHCHA CHAND SMARAK DVABA VIKAS MAHAVIDYALAYA AND 3 OTHERS Vs STATE OF U.P. AND ANOTHER on 5 October 2026
JUDICATURE AT ALLAHABAD WRIT - C No. - 38538 of 2026 Court No. - 2 HON'BLE J.J. MUNIR, J. HON'BLE VIVEK SARAN, J. 1. The petitioners are facing proceedings for loan overdues under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 38538 of 2026
Court No. - 2
HON'BLE J.J. MUNIR, J.
HON'BLE VIVEK SARAN, J.
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1. The petitioners are facing proceedings for loan overdues under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short). A notice dated 16.03.2026 under Section 13(2) SARFAESI Act has already been issued, and, according to the petitioners, they have represented in the matter before the Authorised Officer under Section 13 (3A) SARFAESI Act.
2. If and when any measures are taken under Section 13(4) SARFAESI Act, if not already taken, it will be open to the petitioners to seek their remedy by invoking Section 17 SARFAESI Act before the Debts Recovery Tribunal.
3. In view of the aforesaid position of law, we decline to entertain this petition, albeit, without prejudice to the petitioners' right to seek their remedies before the Tribunal aforesaid.
4. Subject to the above remarks, this petition stands disposed of.
5. This order has been passed in the presence of learned Counsel for parties. October 6, 2026 I. Batabyal Versus Counsel for Petitioner(s) : Anshuman Singh, Ashok Kumar Singh Counsel for Respondent(s) : C.S.C., Ramesh Kumar Shukla (Vivek Saran,J.) (J.J. Munir,J.) M/s. Bachcha Chand Smarak Dvaba Vikas Mahavidyalaya and others .....Petitioner(s) State of U.P. and another .....Respondent(s) Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad