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Judgment
Manoj Kumar Tiwari, J
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).
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.
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.
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.