Court No. - 34
Case :- WRIT - C No. - 7249 of 2018 Petitioner :- Hussain Jumabhai Patani Respondent :- Authorised Officer, Union Bank Of India And Another Counsel for Petitioner :- Sanjay Kumar Gupta,Ankur Gupta Counsel for Respondent :- Sandeep Arora
Hon'ble Sudhir Agarwal,J. Hon'ble Shashi Kant,J.
1. Heard learned counsel for petitioner and perused the record.
2. Proceedings have been initiated under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act, 2002). Petitioner admittedly is guarantor and liability of guarantor is co-extensive as held by Supreme Court in Sobran Singh Vs. State of U.P. & Others (2014) 10 SCC 799.
3. Moreover, since proceedings are under the provisions of Act, 2002, petitioner has a statutory alternative remedy to approach Debts Recovery Tribunal under Section 17 of Act, 2002.
4. Writ petition is thoroughly misconceived. Dismissed.
Order Date :- 28.2.2018 A. Verma