WPMS/308/2021
2021 Latest Caselaw 703 UK

 IN THE HIGH COURT OF UTTARAKHAND
              AT NAINITAL
              ON THE 5TH DAY OF MARCH, 2021

                               BEFORE:

     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


          Writ Petition (M/S) No.308 of 2021

BETWEEN:
  Soma Pandey & another                          .....Petitioners
     (Mr. Deep Chandra Joshi, Advocate)




AND:
  Authorised Officer Bank of Baroda & another
                                    .....Respondents
     (Mr. Siddhartha Sah, Advocate for respondent no.1 and Mr. T.S.
     Phartiyal and Mr. Rakesh Kunwar, Addl. C.S.C. for the
     State/respondent no.2)



                            JUDGMENT

Heard learned counsel for the parties.

2. Petitioners stood as guarantor in respect of a loan which was taken by the mother of petitioner no.1. Since the borrower defaulted in payment of the loan, therefore, proceedings were initiated against them under the SARFAESI Act. Thus, feeling aggrieved, petitioners have approached this Court.

3. Since the Hon'ble Apex Court in the case of Union Bank of India Vs. Satyawati Tondon, reported in 2010 (8) SCC 110 has held that in view of remedy available under Section 17 of the SARFAESI Act, the High Court shall not interfere in

the matters, which are covered by the said Act. In such view of the matter, writ petition is dismissed on the ground of alternative remedy, with liberty to the petitioner to approach the appropriate forum available to them under law.

(MANOJ KUMAR TIWARI, J.) Rajni