Court No. - 1
Case :- WRIT - C No. - 20085 of 2019 Petitioner :- M/S Alia Air Conditioners And Refrigeration And Another Respondent :- Assistant General Manager, State Bank Of India And Another Counsel for Petitioner :- Anil Kumar Tiwari,Gopal Das Srivastava Counsel for Respondent :- Satish Chaturvedi
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Gopal Das Srivastava, learned counsel for the petitioners and Sri Pankaj Kumar Ojha, learned counsel appearing for all the respondents.
By means of this writ petition, the petitioners have prayed for quashing of the impugned notice dated 15.05.2019 issued by the respondent no.1 under Rule 8 (6) of Security Interest (Enforcement) Rules, 2002. Further prayer is made that the respondents may be directed not to confirm the proposed auction dated 10.06.2019.
Against the impugned notice, the petitioners have a statutory alternative remedy of filing an appeal before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002.
We are not inclined to interfere in the matter. The writ petition is, accordingly, dismissed on the ground of statutory alternative remedy.
(Vivek Varma, J.) (Ramesh Sinha,J.) Order Date :- 12.6.2019 Ajeet