YOGESHWARI DEVI BHARDWAJ Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Notice. Mr. Navlesh Verma, learned Additional Advocate General and Mr. Sunil Mohan Goel, learned counsel, appear and waive service of notice on behalf of respondents No. 1 and 4 and respondents No. 2 and 3, respectively.

(2.) The instant petition has been filed for grant of following substantive reliefs: -

(3.) Since, the petitioner has assailed the impugned order (Annexure P-4), dtd. 2/12/2023, passed by the District Magistrate, Shimla, District Shimla, H.P. in the proceedings initiated against the petitioner under The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (for short 'SARFAESI Act'), therefore, clearly this Court has no jurisdiction to entertain the instant petition as repeatedly held by the Hon'ble Supreme Court. Reference in this regard can conveniently be made to one of the latest Judgment of the Hon'ble Supreme Court in Bijnor Urban Cooperative Bank Limited, Bijnor and others Vs. Meenal Agarwal and others, (2023)2 SCC 805. It is apt to reproduce hereinafter the relevant observations made therein: -