Sakshi Sehgal And ORS. v. Shri Rajesh Malik And ORS.

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 11280/2018 & CM No. 43791/2018 SAKSHI SEHGAL AND ORS.

..... Petitioners Through:

Mr C. M. Grover, Advocate.

versus SHRI RAJESH MALIK AND ORS.

..... Respondents Through:

Mr Rahul Tyagi, Advocate for R-2.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 13.11.2018 1.

The petitioner has filed the present petition, inter alia, impugning an order dated 27.08.2018 passed by the learned MM (North West District), Rohini Courts, Delhi under Section of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Plainly, the petitioner has an alternative remedy to approach the Debt Recovery Tribunal and it would not be apposite for this Court to entertain the present petition. 2.

The Supreme Court, in various cases, has held that ordinarily interference under Article 226 of the Constitution of India with proceedings under the SARFAESI Act, is not warranted (See: United Bank of India v. Satyawati Tondon and Others: (2010) 8 SCC 110). 3.

The petition is, accordingly, dismissed. The pending application is also disposed of.

VIBHU BAKHRU, J NOVEMBER 13, 2018/MK