Gopal Kumar Jaiswal vs State Of U.P. And Another
2011 Latest Caselaw 244 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - C No. - 15336 of 2011
 

 
Petitioner :- Gopal Kumar Jaiswal
 
Respondent :- State Of U.P. And Another
 
Petitioner Counsel :- Sanjay Kumar Gupta,Deepak Kumar Jaiswal
 
Respondent Counsel :- C.S.C.,Siddharth
 

 
Hon'ble Satya Poot Mehrotra,J.

Hon'ble Rajesh Chandra,J.

   The petitioner took loan OCC facility from the respondent no. 3- Canara Bank. The petitioner committed default in  respect of OCC facility.  Consequently, the proceedings have been initiated against the petitioner under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short " the Securitisation Act").

   As per the averments made in paragraph 17 of the Writ Petition, the petitioner has filed an Appeal under Section 17 of the Securitization Act before the Debts Recovery Tribunal impugning the proceedings being taken against him under the said Act.

     The present Writ Petition has been filed by the petitioner impugning the proceedings being taken against him under the Securitization Act.

   As the petitioner has already availed of alternative remedy of  filing an Appeal before the Debts Recovery Tribunal under Section 17 of the Securitization Act impugning the proceedings being taken against him under the said Act, we are not inclined to  exercise our Writ Jurisdiction under Article 226 of the Constitution of India.

     The Writ Petition is accordingly dismissed on the said ground.

Order Date :- 14.3.2011

Ajeet