Uco Bank v. M/S Binny Print Corner And ORS.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CWP No. 12358 of 2019 Decided on : 10.05.2019 UCO Bank . . . Petitioner(s)
Versus
M/s Binny Print Corner and others . . . Respondent(s) CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE AVNEESH JHINGAN PRESENT: Mr. Munish 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 writ of Certiorari, for quashing the action of respondent No.4 under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short 'the SARFAESI Act, 2002') for taking the possession of the property which is already mortgaged with the petitioner since 2009. A further prayer has been made for issuing direction to respondent No.4 for not proceeding further under the provisions of the SARFAESI Act, 2002, regarding the property in dispute. 2.
A perusal of the writ petition shows that certain disputed questions of fact have been raised, more particularly, as to whether the property in question has been mortgaged with the petitioner or respondent No.4, which cannot be conclusively determined in exercising the writ jurisdiction under Articles 226/227 of the constitution.
3.
Keeping in view the availability of alternative remedy against the impugned action and the law laid down by the Apex Court on the issue, we do not find any ground to interfere in exercise of writ jurisdiction under Articles 226/227 JAWALA RAM 2019.12.20 12:43 I attest to the accuracy and authenticity of this document Chandigarh
CWP No. 12358 of 2019 - 2 - of the Constitution of India. Accordingly, we dispose of the present writ petition by relegating the petitioner to take recourse to an appropriate remedy, in accordance with law.
(AJAY KUMAR MITTAL) JUDGE (AVNEESH JHINGAN) JUDGE May 10, 2019 J.Ram Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No JAWALA RAM 2019.12.20 12:43 I attest to the accuracy and authenticity of this document Chandigarh