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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


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