(1) There is a request for adjournment today by the counsel for the petitioner.
(2) Shri Vinay Shanker has opposed such request as according to him the writ petition is not maintainable against the order impugned and the Appeal lies under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (SARFAESI Act), 2002 under Section 18 and filed counter affidavit taking preliminary objection as to the maintainability of the writ petition on 27.03.2015 to which the rejoinder affidavit has been filed by the petitioner on 18.07.2019 but without serving the copy of the said rejoinder affidavit to Shri Vinay Shanker.
(3) From perusal of the rejoinder affidavit it appears that the same has been filed without service upon Shri Vinay Shanker.
(4) Learned counsel for the respondent-Bank has pointed out Paragraph 5 of the counter affidavit wherein a reference has been made to three decisions of the Supreme Court namely United Bank of India Vs. Satyawat Tandon, reported in 2010 (8) SCC 110, Kanhaiya Lal Lal Chand Sachdeva Vs. State Bank of Maharashtra, reported in 2011 (2) SCC 772 and the judgment rendered by the Supreme Court in Civil Appeal No.6989-6990 of 2013, G.M. Sri Siddheshwar Co-operative Bank Ltd. Vs. Iqbal & Others as also the judgment rendered by this Court in Writ Petition No.3054 (M/B) of 2014, Prabhawati Sharma Vs. State of U.P. & Others decided on 11.04.2014.
(5) In reply to the said paragraph 5 of the counter affidavit the writ petitioner has submitted in paragraph 7 of the rejoinder affidavit that an alternate remedy is not an absolute bar to the exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.
(6) This is the not a case of alternative remedy but a case of "statutory remedy" being available under the (SARFAESI Act), 2002. The rights and liabilities having been created under the Act, a remedy has also been provided under the same Act. Therefore, it is not a right or liability created in a common law for which the Court may exercise discretionary jurisdiction.
(7) The writ petition is dismissed as not maintainable.
(8) Interim order, if any, stands discharged.
Order Date :- 27.8.2019 PAL