M/S Sangam Poultry Feed Mills v. Canara Bank

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP No. 3876 of 2019 Decided on : 13.02.2019 M/s Sangam Poultry Feed Mills . . . Petitioner(s)

Versus

Canara Bank . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL PRESENT: Mr. Deepak, Advocate for Mr. Rohit Mittal, Advocate for the petitioner(s).

**** AJAY KUMAR MITTAL, J. (Oral) The petitioner has approached this Court under Articles 226/227 of the Constitution of India, seeking quashing of the order dated 16.03.2018 (Annexure P-1), passed by the District Magistrate, Mohindergarh. 2.

It was not disputed that application under Section 17 of the of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short, `SARFAESI Act') is maintainable to challenge the order passed under Section 14 of the SARFAESI Act as held in Kanaiyalal Lalchand Sachdev and others v. State of Maharashtra and others, (2011) 2 SCC 782.

3.

In view the above, as certain facts are required to be established, we dispose of the present writ petition by relegating the petitioner to avail the aforesaid alternative remedy by approaching the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, in accordance with law. (AJAY KUMAR MITTAL) JUDGE (MANJARI NEHRU KAUL) JUDGE February 13, 2019 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No JAWALA RAM 2019.02.21 10:43 I attest to the accuracy and authenticity of this document Chandigarh