Court No. - 4
Case :- WRIT - C No. - 7043 of 2018
Petitioner :- Mohan Education Society And 02 Others Respondent :- Allahabad Bank, University Branch Gorakhpur And Another
Counsel for Petitioner :- Kushal Kant
Counsel for Respondent :- Pashupati Nath Tripathi
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard learned counsel for the parties.
This writ petition has been filed by the petitioners with a prayer to issue a writ, order or direction in the nature of certiorari quashing the impugned possession notice dated 19.1.2018 issued by the Authorized Officer, Allahabad Bank under Section 13(4) of the SARFAESI Act 2002 read with Rule 8(1) of the Security Interest (Enforcement) Rules 2002. A further prayer has been made by the petitioners that a writ of mandamus be issued directing the respondent-bank not to dispossess the petitioner from the property descried in the possession notice dated 19.1.2018 and demand notice dated 3.10.2017.
Sri Pashupati Nath Tripathi, learned counsel appearing for the Allahabad Bank has submitted that the petitioners have got an alternative remedy against the impugned notice of filing an application under Section 17 (1) of the SARFAESI Act, 2002 and the writ petition filed by the petitioners against the impugned notice is not maintainable and is liable to be dismissed on the ground of availability of alternative statutory remedy under Section 17(1) of the Act. In support of his aforesaid submission, learned counsel for the Allahabad Bank has placed reliance upon paragraph 33 of the judgement of the Apex Court in the case of Agarwal Tracom Private Limited Versus Punjab National Bank and others reported in 2018 Volume 1 SCC 626.
We have heard the learned counsel for the parties present and perused the material brought on record. The Apex Court in paragraph 33 of Agarwal Tracom Private Limited (supra) has held as here under :
33. In the light of foregoing discussion, we are of the considered opinion that the Writ Court as also the Appellate Court were justified in dismissing the appellant's writ petition on the ground of availability of alternative statutory remedy of filing an application under Section 17(1) of SARFAESI Act before the concerned Tribunal to challenge the action of the PNB in forfeiting the appellant's deposit under Rule 9(5). We find no ground to interfere with the impugned judgment of the High Court.
In view of the above, this writ petition is dismissed on the ground of alternative remedy.
Order Date :- 27.2.2018 SA