M/S Rishi Agency v. Uco Bank

HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(C) No. 1638 of 2019 M/s. Rishi Agency, Proprietor- Chhotelal Sonkar, S/o. Ramkishun, Aged About 70 Years, R/o. Near Hanuman Mandir, Shardapara, Camp-02, Bhilai, Tahsil And District- Durg, Chhattisgarh.

---- Petitioner

Versus

1. Uco Bank, Through Branch Manager, Branch Kohka, Bhilai, Tahsil And District- Durg, Chhattisgarh.

2. The District Magistrate, Durg, District- Durg, Chhattisgarh.

3. The Additional Tahsildar, Bhilainagar, District- Durg, Chhattisgarh. ---- Respondents For Petitioner :

Mr. Punit Ruparel, Advocate For Respondent No.1 :

Mr. Ravindra Sharma, Advocate For State/Respondent :

Mr. Anmol Sharma, Panel Lawyer No.2 & 3 Hon'ble Shri Justice Goutam Bhaduri Order On Board 07.05.2019 1.

Perusal of the petition shows that the order dated 01.03.2019 passed by the Debt Recovery Tribunal, Jabalpur is under challenge. 2.

Under Section 18 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 the remedy of appeal to the Appellate Tribunal is provided, therefore, in view of the alternative remedy as available to the petitioner, this Court is not inclined to exercise the writ jurisdiction.

3.

Accordingly, the writ petition is dismissed. However, the petitioner is at liberty to avail the alternative remedy available to him under the law. Sd/- Goutam Bhaduri Judge Ashok