Kanchan Kumar v. Punjab And Sind Bank And ORS

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 4314/2016 KANCHAN KUMAR ..... Petitioner Through Mr.Prashant Katara, Mr.Neeraj Dubey, Advs.

versus PUNJAB AND SIND BANK AND ORS ..... Respondent Through Ms.Saahila Lamba, Adv. for R-1.

CORAM:

HON'BLE MR. JUSTICE PRADEEP NANDRAJOG HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 13.05.2016 CM 18155/2016 Exemption allowed subject to just exceptions. W.P.(C) 4314/2016 1.

The petitioner has not resorted to remedy available under SARFAESI 2002.

2.

If the averments in the writ petition are correct, it would mean that the property of the petitioner, as per claim of the petitioner, is not a mortgaged property and therefore cannot be proceeded under SARFAESI 2002. This would mean that the petitioner would be a person aggrieved by the measure adopted by the bank under Section 13(4) of SARFAESI 2002. 3.

Therefore, we decline to entertain the writ petition because of an efficacious alternative remedy available to the petitioner. W.P.(C) 4314/2016

4.

The petition is accordingly dismissed.

5.

No cost.

PRADEEP NANDRAJOG, J.

MUKTA GUPTA, J.

MAY 13, 2016 /'ga'

W.P.(C) 4314/2016