9911796707
TMI Blog2016 (5) TMI 384X X X X Extracts X X X X X X X X Extracts X X X X ..... as to exercise writ jurisdiction. It is open to the petitioners to approach the Tribunal by way of appeal under Section 17 of the Act. - SPECIAL CIVIL APPLICATION NO. 12533 of 2015 - - - Dated:- 22-4-2016 - MR. N.V.ANJARIA, J. FOR THE PETITIONER : MR. D. P. KINARIWALA, ADVOCATE, SAMEE A URAIZEE, ADVOCATE FOR THE RESPONDENT : MS. DIVYANGNA JHALA, AGP, MR PRANAV G DESAI, ADVOCATE Heard learned advocate Mr. D. P. Kinariwala for the petitioners, Learned Assistant Government Pleader Ms. Divyangna Jhala for respondent No.1 and learned advocate Mr. Pranav G. Desai for respondent No.2. 2. The challenge in the present petition is directed against order dated 18th June, 2015, passed by the Mamlatdar Executive Magistrate, which ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is regard on 23rd July, 2015. Thereafter, they have approached this court by filing this petition under Article, 226 of the Constitution. 4. Learned advocate for the petitioners pressed the prayer for setting aside the impugned order. 5. Undisputebly, the action of the first respondent Bank under the SERFAESI Act, 2002, has travelled to the stage of section 13(4) or post 13(4) stage. The petitioners have got an alternative statutory remedy by way of preferring appeal before the Debt Recovery Tribunal under section 17 of the Act. The petitioners have to be relegated to the said alternative remedy, where all the contentions are kept open to be canvassed by the petitioners, as may be permissible in law. 5.1 In United Bank of India vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al institutions to recover their dues. It is hoped and trusted that in future the High Courts will exercise their discretion in such matters with greater caution, care and circumspection. 5.3 The same view is taken by the Supreme Court in the case of Punjab National Bank and Another vs. Imperial Gift House and Others [(2013) 14 SCC 622] wherein it is held that the High Court is not justified in entertaining the writ petition and quashing the proceedings when alternative remedy was available under the Act. 6. For the aforesaid position of law, this court is not inclined to entertain this petition so as to exercise writ jurisdiction. It is open to the petitioners to approach the Tribunal by way of appeal under Section 17 of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
