WPMS/1114/2021
2021 Latest Caselaw 2733 UK

IN THE HIGH COURT OF UTTARAKHAND
           AT NAINITAL
            ON THE 30TH DAY OF JULY, 2021
                          BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI
     Writ Petition (M/S) No. 1114 OF 2021
BETWEEN:

Rajvendra Singh Chauhan
& another                                 ...Petitioners

     (By Mr. Atul Kumar Bansal, Advocate)

AND:

Union Bank of India & others              ...Respondents

     (By Ms. Prabha Naithani, Advocate)


                        JUDGMENT

1. By means of this writ petition, petitioner has sought following relief:-

(i) To issue a writ, order or direction in the nature of certiorari to quash the notice dated 12.2.2021 issued u/s13(2) of the SARFAESI Act, 2002 by the respondent no. 1 herein.

(ii) To issue a writ, order or direction in the nature of mandamus commanding the respondents herein to declare the amount of the petitioners herein as "Standard" category account (out of NPA category).

2. Learned counsel appearing for Bank submits that after disposal of petitioner's representation in terms of order passed by Debt Recovery Tribunal, a notice under Section 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 has also been issued to the petitioner.

3. Since petitioner has a Statutory remedy under Section 17 of SARFAESI Act, therefore, this Court is not inclined to entertain this writ petition. Moreover, in view of the law laid down by Hon'ble Supreme Court in the case of United Bank of India Vs Satyawati Tandon & others reported in (2010) 8 SCC 110, the relief sought in the writ petition cannot be granted to the petitioner.

4. Accordingly, writ petition fails and is hereby dismissed on the ground of alternative remedy. However, petitioner shall be at liberty to raise all contentions before the Debt Recovery Tribunal.

(MANOJ KUMAR TIWARI, J.) Aswal