Court No. - 40
Case :- WRIT - C No. - 15245 of 2018 Petitioner :- Pramod Kumar Rana Respondent :- M/S Paramount Villas Pvt. Ltd. And Another Counsel for Petitioner :- Jitendra Kumar
Hon'ble Amreshwar Pratap Sahi,J. Hon'ble Shashi Kant,J.
The present petition has been filed for a relief for the refund of a sum of Rs.68,75,347/- as well as certain other payments with 24% per annum interest and other amounts referred to in the relief clauses on the ground that the petitioner is entitled to the said reliefs on account of the violation of the provisions of the agreement under which the transaction had been been carried out. In paragraph no.11 of the writ petition it is admitted to the petitioner that proceedings under the SARFAESI Act, 2002 by issuing a notice under Section 13 (2) of the 2002 Act were initiated which the petitioner contends is an erroneous proceeding.
A writ petition for the said cause as disclosed would not be maintainable inasmuch as the petitioner can approach the Debt Recovery Tribunal or seek his remedy even otherwise under the coommon law if permissible keeping in view the provisions of 2002 Act as well as the protection to consumers in this regard under the relevant law for the time being enforce. We are not inclined to entertain the writ petition without prejudice to the rights of the petitioner to approach the appropriate Forum. The writ petition is consigned to records.
Order Date :- 26.4.2018 R./