Allahabad High Court
Rais Khan vs Authorized Officer on 1 July, 2024
Author: Neeraj Tiwari
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:106218 Court No. - 51 Case :- WRIT - C No. - 21008 of 2024 Petitioner :- Rais Khan Respondent :- Authorized Officer Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- Krishna Mohan Asthana Hon'ble Neeraj Tiwari,J.
Heard learned counsel for petitioner and Sri K.M. Asthana, learned counsel for respondents.
Sri K.M. Asthana, learned counsel for respondents has raised preliminary objection and submitted that petitioner is having alternative remedy to file appeal before Appellate Tribunal under Section 18 of SARFAESI Act, 2002. He also submitted that in case of availability of statutory remedy, High Court may not entertain the writ petition filed under Article 226 of Constitution of India. In support of his contention, he placed reliance upon the judgment of Hon'ble Apex Court dated 10.04.2024 passed in SLP (C) No. 8867 of 2022 (PHR INVENT EDUCATIONAL SOCIETY VS. UCO BANK AND OTHERS).
Learned counsel for petitioner could not dispute the aforesaid submissions.
Under such facts and circumstances of the case, writ petition is dismissed with liberty to the petitioner to file appeal before the Appellate Tribunal in accordance with law.
Order Date :- 1.7.2024 Sartaj