Smt.Kesani Raja Rajeswari v. M/S. Canara Bank

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO AND HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.17376 of 2018 ORDER: (Per Hon'ble Sri Justice U. Durga Prasad Rao) Heard learned counsel for the petitioner. Admittedly, the writ petitioner has not availed of the alternative and efficacious remedy available under Section 17 & 18 of the Securitization and Reconstruction of Financial Assets Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act').

In that view of the matter and in view of the recent judgment of the Hon'ble Apex Court in Authorised Officer, State Bank of Travancore Vs Mathew K.C1, this writ petition is dismissed, giving liberty to the petitioner to avail the aforementioned remedy. No costs. As a sequel thereto, miscellaneous applications pending if any, shall stand closed.

___________________________ U.DURGA PRASAD RAO, J _________________________________ ABHINAND KUMAR SHAVILI, J Date: 10.05.2018 Rds 1 (2018) 3 SCC 85