Court No. - 34
Case :- WRIT - C No. - 6409 of 2019 Petitioner :- Shakeel Ahmad Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Umesh Chandra Yadav Counsel for Respondent :- C.S.C.,Brahmanand Singh
Hon'ble Sudhir Agarwal,J. Hon'ble Rajendra Kumar-IV,J.
1. Heard learned counsels for parties and perused the record.
2. Petitioner has filed this writ petition challenging proceedings initiated against him under Section 13 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “Act, 2002”).
3. If the proceedings have been initiated under Act, 2002, in our view remedy of appeal is available to petitioner under Section 17 thereof and, therefore, petitioner may seek remedy of any nature by approaching Debt Tribunal under Section 17. Apex Court in GM, Sri Siddeshwara Co-operative Bank Limited and another Vs. Sri Ikbal and others (2013) 10 SCC 83 has taken the same view holding as under:
“... it is well settled that where a statute provides efficacious and adequate remedy, the High Court will do well in not entertaining a petition under Article 226. On misplaced considerations, statutory procedures cannot be allowed to be circumvented.”
4. In view of above, we find no reason to interfere.
5. Dismissed.
Order Date :- 26.2.2019 PS