THE HONOURABLE Ms. JUSTICE G. ROHINI
AND
THE HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.28396 OF 2013 Date: 21.01.2014 Between:
E.Ramchander And State Bank of India Stressed Assets Management Branch Rep. by its Authorised Officer 1-1-78, 1st Floor Near Secunderabad HPO R.P. Road Secunderabad – 500 003 … Petitioner … Respondent THE HONOURABLE Ms. JUSTICE G. ROHINI AND THE HONOURABLE SRI JUSTICE T.SUNIL CHOWDARY WRIT PETITION No.28396 OF 2013
ORDER: (Per Hon’ble Ms. Justice G.Rohini)
The petitioner who claims to be in possession of the secured asset filed this Writ Petition aggrieved by the order dated 08.06.2012 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”).
As held by the Apex Court in Kanaiyalal Lalchand Sachdev and others Vs. State of Maharashtra and others[1] an appeal lies under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal even against an order made under Section 14 of the SARFAESI Act. Hence, we are not inclined to entertain this writ petition.
Accordingly, granting leave and liberty to the writ petitioner to pursue the remedy of appeal available under Section 17 of the SARFAESI Act, the Writ Petition is disposed of. No costs.
Consequently, miscellaneous petitions, if any, pending in the Writ Petition, shall stand closed.
G.ROHINI, J T.SUNIL CHOWDARY, J Date: 21.01.2014 Mva
[1] 2011 (2) SCC 782