Sri Mohammed Mustafa vs The Authorized Officer
2021 Latest Caselaw 2604 Tel

          HON'BLE SRI JUSTICE A.RAJASHEKER REDDY
                           AND
               HON'BLE JUSTICE G.SRI DEVI

               Writ Petition No.22272 OF 2021

JUDGMENT:(per Hon'ble Sri Justice A.Rajasheker Reddy)

      This Writ Petition is filed challenging the action of the

respondent in rejecting his offer vide order dated 04.08.2021

wherein and whereby the offer made by the petitioner was

rejected by the respondent Bank as being too low.

Heard learned counsel for the petitioner.

In this case, it is to be seen that the petitioner challenges

the possession notice dated 11.08.2021, against which,

admittedly, petitioner has alternate remedy under Section 17 of

the Securitization and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 (For short 'the Act of

2002').

Since the learned counsel for the petitioner raised

controversy regarding possession notice, the said aspect can be

raised before the Tribunal, and no extraordinary circumstances

are brought before this Court for bypassing the alternate

remedy under Section 17 of the Act of 2002.

In view of above facts and circumstances, this writ

petition is disposed of granting liberty to the petitioner to avail

alternate remedy under Section 17 of the Act of 2002, if he is so

advised.

There shall be no order as to costs. As a sequel thereto,

miscellaneous petitions, if any, pending in this Writ Petition,

shall stand closed.

_________________________ A.RAJASHEKER REDDY, J

______________ G. SRI DEVI, J Date:15.09.2021 tk/kvs HON'BLE SRI JUSTICE A.RAJASHEKER REDDY AND HON'BLE JUSTICE G.SRI DEVI

Writ Petition No.22272 OF 2021

Date: 15.09.2021

tk/kvs