Pooja Wadhera vs Union Of India And Ors
2022 Latest Caselaw 672 j&K

                                                                Sr. No. 15

           HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                           AT JAMMU

                                             WP(C) No. 891/2022
                                             CM No. 2704/2022
                                             Caveat No. 409/2022

 Pooja Wadhera                                 .....Appellant(s)/Petitioner(s)


                        Through: Mr. Vivek Sharma, Advocate

                 Vs

 Union of India and ors.

                        Through: Mr. Raman Sharma, AAG

 Coram:    HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE
           HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE

                                 ORDER

22.04.2022

Caveat No. 409/2022

Caveat stands discharged.

WP(C) No. 891/2022

The petitioner questions the order passed in terms of Section 13(4)

of the SARFAESI Act by the respondent No. 3. It cannot be denied that an

equally efficacious remedy of appeal under Section 17 of the said Act is

available to the petitioner. Under the said circumstances, the present writ

petition is not maintainable. Reliance in this regard can be placed upon a

judgment of the Apex Court in the case reported as Phoenix Arc Private

Limited vs Vishwa Bharati Vidya Mandir and others, 2022 SCC Online SC 44.

Writ petition, is accordingly, dismissed along with connected

application with a liberty to the petitioner to avail alternate remedies as are

available under law.

                            (Rahul Bharti)        (Dhiraj Singh Thakur)
                                Judge                     Judge

  Jammu
  22.04.2022
  Vishal