Omprakash vs State Bank Of India And Others

Vijay Kumar Shukla, J

Counsel for the petitioner submits that the petitioner is neither borrower, nor guarantor. He has not mortgaged any property with the respondent/Bank.

It is further submitted that the Bank has filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (SARFAESI ACT) before the respondent no.6 and the matter is pending before the said authority. Since

DRT is not functioning at present and therefore, the petitioner has invoked the jurisdiction under Article 226 of the Constitution of India.

Considering the fact that the order under Section 14 of SARFAESI ACT has yet not been passed by the said authority and the matter is pending

before him for adjudication, we deem it proper to dispose of this petition with direction to the respondent no.6 to consider and decide the objection filed

by the petitioner in accordance with law before proceeding under Section 14 of SARFAESI ACT.

With the aforesaid, W.P. No.3188/2022 is disposed of.