Court No. - 35
Case :- WRIT - C No. - 19376 of 2019 Petitioner :- Rini Kumari Gupta Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Markande Singh Yadav Counsel for Respondent :- A.S.G.I.,Habib Ahmad Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Sri Habib Ahmad, learned counsel for the respondent-Bank states that earlier the petitioner through its firm also approached this Court by filing writ petition being Writ-C No.13731 of 2015 (M/S R.K. Enterprises vs. Union of India and 2 others) in which the following order was passed:
"The learned counsel for the respondent-Bank states that the auction, which was held on 10.03.2015 has been cancelled.
In the light of the aforesaid, we dispose of the writ petition with the following directions:
The recovery proceedings shall remain in abeyance provided-
(i) The petitioner will pay a sum of Rs. 7.0 lakhs on before 10.04.2015 and the balance amount shall be paid in three equal installments to be paid by the petitioner before the respondent- Bank.
(ii) The first installment shall be paid on or before 30.06.2015, the second installment shall be paid on or before 30.09.2015 and the third installment shall be paid on or before 31.12.2015.
(iii) In the event of default in any of the installments, it would be open to the respondents to recover the amount forthwith."
The aforesaid fact has been concealed by the petitioner in the present writ petition. The cause of action is more or less same in the present writ petition. Otherwise also the petitioner has an statutory alternative remedy of filing an appeal before the Debt Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
We are not inclined to interfere in the matter.
The writ petition is, accordingly, dismissed. No costs.
Order Date :- 30.5.2019 Ajeet