Court No. - 35
Case :- WRIT - C No. - 19640 of 2019 Petitioner :- Manoj Kumar Pathak Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Aklank Kumar Jain Counsel for Respondent :- C.S.C.,Ashish Agrawal
Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Shri A.K. Jain, learned counsel for the petitioner and Shri Ashish Agrawal, learned counsel for the Bank.
Shri Ashish Agrawal, learned counsel for the Bank has raised a preliminary objection that against the possession notice dated 18.03.2019 issued under Section 14 of the SARFAESI Act, 2002, the petitioner has a statutory remedy of filing an appeal under Section 17 of the Act 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 :- 31.5.2019 pks