Court No. - 38
Case :- WRIT - C No. - 6430 of 2019 Petitioner :- Javed Khan And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vidya Bhushan Srivastava Counsel for Respondent :- C.S.C.,Sanjiv Singh
Hon'ble Abhinava Upadhya,J. Hon'ble Jayant Banerji,J.
Heard learned counsel for the petitioners; Shri Sanjiv Singh, learned counsel for the Bank-respondents no. 3 & 4 and learned Standing Counsel for the State-respondents no. 1 & 2.
Against the recovery of loan it is submitted that the house of the petitioners has been seized whereas the petitioners claim that neither they are borrowers nor guarantors and do not mortgage their property, yet the same has been seized by the Bank in proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the SARFAESI Act").
It is to be noted that against the action of the Bank, the petitioners have remedy of filing an application under Section 17(1) of the SARFAESI Act before the Debts Recovery Tribunal.
The petitioners having efficacious statutory alternative remedy, we are not inclined to interfere.
The writ petition is, accordingly, dismissed.
Order Date :- 25.2.2019 Sunil Kr. Gupta (Jayant Banerji, J.) (Abhinava Upadhya, J.)