Gajendra Singh vs Union Bank Of India
2021 Latest Caselaw 15808 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 14413/2021

1. Gajendra Singh S/o Achal Singh Gehlot, Aged About 50 Years, C-212, Kirti Nagar, Jodhpur (Rajasthan)

2. Ujjwala Gehlot W/o Gajendra Singh Gehlot, Aged About 45 Years, C-212, Kirti Nagar, Jodhpur (Rajasthan)

----Petitioners Versus Union Bank Of India, (Earlier Corporation Bank) Through Its Chief Manager, 76-L.k. Tower, Chopasani Road, Sardarpura, Jodhpur.

                                                                ----Respondent


For Petitioner(s)        :     Mr. HS Rajpurohit
For Respondent(s)        :



                    JUSTICE DINESH MEHTA

                                Judgment

20/10/2021

1. By way of the present writ petition, the petitioner has

challenged the proceedings initiated by the respondent-Bank

under the provisions of Securitization and Reconstruction of

Financial Assets and Enforcement of Security Interest Act, 2002

(hereinafter referred to as the Act of 2002).

2. In the opinion of this Court, a remedy of appeal has been

provided under Section 17 of the Act of 2002 and therefore, the

writ petition is not required to be entertained in the light of the

judgments of Hon'ble the Supreme Court rendered in the case of

United Bank of India Vs. Satyawati Tondon & Ors. [(2010) 8 SCC

110] and in case of Mardia Chemicals Vs. Union of India [(2004) 4

SCC 311], as no exceptional circumstances have been pointed out.

(2 of 2) [CW-14413/2021]

3. The writ petition is therefore, dismissed.

4. The petitioner shall however be free to avail remedies

available under the provisions of the Act of 2002.

5. The stay application also stands disposed of accordingly.

(DINESH MEHTA),J

101-CPGoyal/-

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