Court No. - 35
Case :- WRIT - C No. - 18979 of 2019 Petitioner :- Dhruvi Narayan Singh Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ganesh Shanker Srivastava Counsel for Respondent :- C.S.C.,Sanjai Singh
Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Shri G.S. Srivastava, learned counsel for the petitioner and Shri Sanjai Singh, learned counsel for the Bank.
Shri Sanjai Singh, learned counsel for the Bank has raised a preliminary objection that against the possession notice, the petitioner has a statutory remedy of filing an appeal under Section 17 of the SARFAESI Act, 2002 before the Debt Recovery Tribunal.
In view of the availability of the statutory remedy, we are not inclined to interfere in the matter at this stage. However, it is open to the petitioner to take recourse to the remedy available to him under the Act itself.
The writ petition is accordingly dismissed.
Order Date :- 29.5.2019 pks