Panchal Anjana Sunil vs Canara Bank
2025 Latest Caselaw 2259 Guj

Gujarat High Court

Panchal Anjana Sunil vs Canara Bank on 30 January, 2025

                                                                                                              NEUTRAL CITATION




                             C/SCA/1078/2025                                   ORDER DATED: 30/01/2025

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                                   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                                     R/SPECIAL CIVIL APPLICATION NO. 1078 of 2025
                      ==========================================================
                                                     PANCHAL ANJANA SUNIL
                                                            Versus
                                                         CANARA BANK
                      ==========================================================
                      Appearance:
                      MR KRUNAL A AGRAWAL(12812) for the Petitioner(s) No. 1
                      ==========================================================
                         CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE

                                                           Date : 30/01/2025

                                                            ORAL ORDER

1. Heard the learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the petitioner has already approached the learned Debts Recovery Tribunal-I Ahmedabad and by order dated 21.1.2025, the learned DRT has issued notice to the respondent and directed the petitioner to take steps for notice on the respondent bank. The learned counsel submits that the auction in respect of the subject property is slated to be held on 13.2.2025. He submits that the returnable date given by the learned DRT is 10.2.2025. He submits that in case, the learned DRT does not accept the prayer of the petitioner, then the petitioner shall be left remedy- less. He, therefore, prays that this Court may entertain the present writ petition.

3. Heard the learned counsel for the petitioner and perused the documents on record.

NEUTRAL CITATION

C/SCA/1078/2025 ORDER DATED: 30/01/2025

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4. The petitioner has already availed the statutory remedy under the SARFAESI Act. Hence, in view of the Judgment of Hon'ble the Apex Court in the case of PHR Invent Educational Society v. UCO Bank and others reported in (2024) 6 SCC 579, the present writ petition is not entertained on the ground of availability of statutory remedy.

5. The present Special Civil Application is DISMISSED accordingly.

Sd/-

(ANIRUDDHA P. MAYEE, J.) OMKAR