Court No. - 35
Case :- WRIT - C No. - 19627 of 2019 Petitioner :- M/S Shiv Shakti Enterprises Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Vijay Kumar Dubey Counsel for Respondent :- C.S.C.,Krishna Mohan Asthana Hon'ble Bharati Sapru,J. Hon'ble Vivek Varma,J.
Heard Sri V.K.Dubey, learned counsel for the petitioner and Sri Prabhav Srivastava holding brief of Sri Krishna Mohan Asthana, learned counsel for the respondent nos. 2 and 3.
The petitioner has challenged the impugned demand notice dated 02.02.2019 issued under the provisions of Section 13(2) as well as possession notice dated 23.04.2019 issued under Section 13 (4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Against the said notice the petitioner has an statutory alternative remedy of filing an appeal before the Debt Recovery Tribunal under Section 17 of the aforesaid Act.
It is open to the petitioner to take recourse to the remedy as provided under the law. We are not inclined to interfere in the matter at this stage.
The writ petition is accordingly, dismissed on the ground of statutory alternative remedy.
Order Date :- 31.5.2019 Lbm/-