China Begam v. Chief Manager

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 3483 of 2018

1. China Begam Widow Of Late Iqbal Qureshi Aged About 48 Years R/o Plot No. 47, Ramdev Mandir Ward Durg, District Durg, Chhattisgarh.

2. Munna Qureshi S/o Nawaz Qureshi Aged About 70 Years R/o Gujarathi Dharamshala, Takiyapara, Durg, District Durg, Chhattisgarh.

3. Late Iqbal Qureshi Person By The Legal Heirs Mohd. Irfan Qureshi Aged About 30 Years. Plot No. 47, Ramdev Mandir Ward, Durg, District Durg, Chhattisgarh.

4. Anisha Begam Qureshi W/o Shri Munna Qureshi Aged About 65 Years Gujarathi Dharamshala Takiyapara, Durg, District Durg, Chhattisgarh.

---- Petitioner

Versus

1. Chief Manager Head Office Bank Of Baroda, Baroda, Gujrat.

2. Regional Manager Bank Of Baroda Raipur, District Raipur, Chhattisgarh.

3. Branch Manager Bank Of Baroda Station Road, Durg, District Durg, Chhattisgarh ---- Respondent For Petitioner None Order On Board By Prashant Kumar Mishra, J.

04/02/2019

1. Perused.

2. Petitioner would assail the proceedings drawn by the Respondent Bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'the Act, 2002').

3. In view of the order passed by the Supreme Court in ICICI Bank Ltd. Etc. Etc. Vs. Umakanta Mohapatra Etc. Etc. (Civil Appeal No.10243-10250 of 2018 decided on 5-10-2018), the remedy for the petitioner lies in moving an appeal before the jurisdictional Debts Recovery Tribunal (DRT) under Section 17 of the Act 2002.

4. The present writ petition is not maintainable. It is accordingly dismissed as not maintainable.

Sd/- Judge Prashant Kumar Mishra Vijay