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Judgment
Vinod K. Sharma, J.—The Petitioner prays for issuance of a writ in the nature of Certiorari, to quash the demand notice, dated 21.02.2005 vide which the Respondent has called upon the Petitioner to clear the default.
The impugned notice stipulates, that in the event of non-payment of demanded amount within the stipulated period of 60 days, the Respondent will proceed under the Scrutinisation and Reconstruction of Financial Assets and Enforcement of Security Act, 2002(hereinafter called as the ''Act'').
The non-compliance by the Petitioner, of the demand notice, could give right to the Respondent, to proceed under the ''Act'', and takes possession. The Petitioner in that event had the statutory remedy of appeal. The Writ petition is pre-mature as the order affecting the rights of the Petitioner is yet to be passed. This Court cannot issue the Writ to bar a party to take statutory remedy in accordance with law, specially when, the Act under which action is proposed, gives statutory remedy to aggrieved party.
Accordingly, the Writ Petition is dismissed as not competent, because of the availability of alternative remedy of appeal under the ''Act''.
Consequently, connected Miscellaneous Petition is dismissed. No. costs.