Court No. - 1
Case :- WRIT - C No. - 20105 of 2019 Petitioner :- M/S Anand Onion Storage A Proprietorship And Another Respondent :- Bank Of Baroda And 2 Others Counsel for Petitioner :- Anand Kumar Pandey Counsel for Respondent :- Anadi Krishna Narayana
Hon'ble Ramesh Sinha,J. Hon'ble Vivek Varma,J.
Heard Sri Anand Kumar Pandey, learned counsel for the petitioners Sri Sri Namit Srivastava, holding brief of Sri Anadi Krishna Narayana, learned counsel appearing for the respondent-Bank nos.1 and 2.
By means of this writ petition, the petitioners have prayed for quashing the impugned notice dated 07.05.2019 and auction notice dated 14.05.2019 issued by the respondent no.1. Further prayer is made for a direction to the respondent no.1 to fix instalment.
At the outset, learned counsel for the Bank states that against the impugned notices, the petitioners have a statutory alternative remedy of filing an appeal before the Debt Recovery Tribunal under Section 17 of the SARFAESI Act, 2002.
In view of the above, we are not inclined to interfere in the matter.
The writ petition is, accordingly, dismissed on the ground of availability of statutory alternative remedy.
(Vivek Varma, J.) (Ramesh Sinha,J.) Order Date :- 12.6.2019 Ajeet