Court No. - 34
Case :- WRIT - C No. - 6366 of 2019 Petitioner :- M/S G.L. Ice And Cold Storage And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Veerendra Kumar Shukla Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard Sri Veerendra Kumar Shukla, learned Counsel for petitioners, Sri J.S. Pandey, Advocate holding brief of Sri Manish Mehrotra, learned Counsel for respondents.
2. Notice issued under Section 13(2) and (4) of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act, 2002') on 11.04.2018 by the respondent-Bank, has been challenged in the present writ petition where against petitioners have statutory remedy of Appeal under Section 17 of Act, 2002.
3. If proceedings have been initiated under Act, 2002, in our view remedy of appeal available to petitioner under Section 17 muse be availed. Apex Court in GM, Sri Siddeshwara Co-operative Bank Limited and another v. Sri Ikbal and others (2013) 10 SCC 83 has held :-
"... it is well settled that where a statute provides efficacious and adequate remedy, the High Court will do well in not entertaining a petition under Article 226. On misplaced considerations, statutory procedures cannot be allowed to be circumvented."
4. In view of above, writ petition is dismissed on the ground of alternative remedy.
Order Date :- 26.2.2019 I.A.Siddiqui