Choudhary Engineering and Producer Company and Another vs Bank of India and Others

D.N. Patel, J.—The present writ petition has been preferred against the order passed by the Presiding Officer, Debts Recovery Tribunal, Ranchi, in SARFAESI Appeal No. 29 of 2008 (Annexure14 to the memo of the petition). Instead of preferring an appeal u/s 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter to be referred to as "the SARFAESI Act, 2002"), the present writ petition has been preferred.

Learned Counsel for the Respondent Bank of India has pointed out that when the statutory appeal is provided, the writ petition should not be entertained by this Court, as per the decision rendered by the Hon''ble Supreme Court in the case of United Bank of India Vs. Satyawati Tondon and Others, .

Having heard learned Counsel for both the sides and looking to the aforesaid decision and also looking to the fact that the impugned order is an appealable order u/s 18 of the SARFAESI Act, 2002, I am not inclined to exercise power under Article 226 of the Constitution of India. There is efficacious remedy available to the Petitioner. The Petitioner is not remedyless and, therefore, this writ petition is not entertained only on the aforesaid ground.

The petition is, hereby, dismissed.