Allahabad High Court
SHALUversusSTATE OF UTTAR PRADESH AND 3 OTHERS
- Decided
Holding
The writ petition is dismissed and the petitioner is directed to approach the Tribunal under Section 17 of the SARFAESI Act.
Summary
Shalu filed a writ petition challenging two orders dated 17‑08‑2026 and 18‑02‑2026 that were passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner argued that the orders were illegal and sought relief from the High Court. The Court examined whether a writ petition is the appropriate remedy for a dispute arising under Section 14 of the SARFAESI Act. It held that such matters must be referred to the appropriate Tribunal under Section 17 of the Act. Consequently, the petition was dismissed, with liberty granted to the petitioner to approach the Tribunal. The decision was delivered by Judges Prakash Padia and Vivek Saran on 8 September 2026.
Issues considered
- Whether an order passed under Section 14 of the SARFAESI Act can be challenged by a writ petition in the High Court
- Whether the petitioner should approach the Tribunal under Section 17 of the SARFAESI Act for relief
Legislation cited
Subjects
- SARFAESI Act
- Section 14
- Section 17
- writ petition
- High Court
- tribunal
- financial assets
- security interest
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 35408 of 2026
Shalu
.....Petitioner(s)
Versus
State Of Uttar Pradesh And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Ved Ratan
Counsel for Respondent(s) : C.S.C.
Court No. - 5
HON'BLE PRAKASH PADIA, J.
HON'BLE VIVEK SARAN, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel
for State-respondents.
2. The order dated 17.08.2026 and 18.02.2026 passed under Section 14 of
the Securitization and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002, are under challenge in this
petition.
3. 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.
4. 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
Checking your session…