Court No. - 38
Case :- WRIT - C No. - 28265 of 2018 Petitioner :- Sanjay Mahere Respondent :- Union Of India And 2 Others Counsel for Petitioner :- Akash Mishra Counsel for Respondent :- A.S.G.I.,R.V. Pandey
Hon'ble Abhinava Upadhya,J. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioner and Shri R.V. Pandey, learned counsel for respondent no. 2.
By means of this writ petition, the petitioner has challenged auction notice published on 24.8.2018.
The petitioner claims to be a guarantor of the loan which defaulted by the person to whom the petitioner stood as a guarantor. The proceeding under section 13(4) of SARAESI Act 2002 have already been initiated.
In case the Petitioner is aggrieved by the auction notice, the petitioner has an alternative remedy of filing an appeal under section 17(1) of the Act. 2002.
We are not inclined to interfere in view of the availability of alternative remedy under the statute.
The writ petition is accordingly dismissed.
Order Date :- 21.8.2018 R