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Allahabad High Court

SUBHASH AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The writ petition is dismissed, with liberty to approach the SARFAESI Tribunal under Section 17.

Summary

The petitioners Subhash and another filed a writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and four other respondents. The petition sought relief, but counsel for the petitioners requested that the petition be dismissed with liberty to approach the Tribunal under Section 17 of the SARFAESI Act. The Court examined whether the writ petition was the appropriate remedy or whether the SARFAESI Tribunal was the correct forum. It held that the High Court was not the proper forum for the relief sought and therefore dismissed the writ petition, granting liberty to approach the Tribunal. Consequently, the petition was dismissed.

Issues considered

  • Whether the writ petition is maintainable in view of the provisions of Section 17 of the SARFAESI Act
  • Whether the petitioner should be directed to approach the SARFAESI Tribunal instead of the High Court

Legislation cited

Subjects

  • SARFAESI Act
  • Section 17
  • writ petition
  • tribunal
  • financial assets
  • enforcement of security interest
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - C No. - 35390 of 2026

                                    Subhash And Another
                                                                                                    .....Petitioner(s)
                                                                       Versus

                                    State Of U.P. And 4 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)       : Girijesh Kumar Gupta, Shiv Shankar
                                                                      Pd Gupta
                                    Counsel for Respondent(s)       : C.S.C.

                                    Court No. - 5
                                                        HON'BLE PRAKASH PADIA, J.
                                                        HON'BLE VIVEK SARAN, J.

                                    1. After some argument, prayer has been made by learned counsel for the
                                    petitioner to dismiss this petition with liberty to approach the Tribunal
                                    under Section 17 of the Securitization and Reconstruction of Financial
                                    Assets and Enforcement of Security Interest Act, 2002.

                                    2. The writ petition is dismissed with the aforesaid liberty.



                                                                         (Vivek Saran,J.) (Prakash Padia,J.)
                                    September 8, 2026
                                    gp




Digitally signed by :-
GANESH PRAKASH
High Court of Judicature at Allahabad


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