Om Lata v. Piramal Capital And Housing Finance And Another

2023:PHHC:128885-DB

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-15220-2023 (O&M) Date of Decision: 05.10.2023 OM LATA ...... Petitioner(s)

Versus

PIRAMAL CAPITAL AND HOUSING FINANCE AND ANOTHER ..... Respondent(s) CORAM:- HON'BLE MRS. JUSTICE LISA GILL HON'BLE MRS. JUSTICE RITU TAGORE

Present:

Mr. Abhimanyu Balyan, Advocate for Mr. Atul Prataap Dhankhar, Advocate for the petitioner.

**** LISA GILL, J.

1.

Prayer in this writ petition is for quashing notice dated 14.05.2022 (Annexure P-3) under Section 13(4) of 2.

Order dated 28.04.2023, passed by learned Debt Recovery Tribunal-II, Chandigarh, whereby SA filed by the petitioner has been dismissed, is an appealable order. Petitioner has an efficacious remedy of appeal under Section 18 of . It has been held by Hon'ble Supreme Court in Varimadugu Obi Reddy v. B. Sreenivasulu and others, 2023(1) R.C.R.(Civil) 34 as under :- SUNIL 2023.10.12 12:16 I attest to the accuracy and authenticity of this document

CWP-15220-2023 (O&M) -2- "34. In the instant case, although the respondent borrowers initially approached the Debts Recovery Tribunal by filing an application under Section 17 of the SARFAESI Act, 2002, but the order of the Tribunal indeed was appealable under Section 18 of the Act subject to the compliance of condition of predeposit and without exhausting the statutory remedy of appeal, the respondent borrowers approached the High Court by filing the writ application under Article 226 of the Constitution. We deprecate such practice of entertaining the writ application by the High Court in exercise of jurisdiction under Article 226 of the Constitution without exhausting the alternative statutory remedy available under the law. This circuitous route appears to have been adopted to avoid the condition of pre-deposit contemplated under 2nd proviso to Section 18 of the Act 2002."

3.

Keeping in view the facts and circumstances of the matter no ground whatsoever is made out for interference in exercise of jurisdiction under Article 226 of the Constitution of India. Writ petition is accordingly dismissed with liberty to the petitioner to avail the remedy/remedies as may be available to her, in accordance with law. There is no expression of opinion on the merits of the controversy.

(LISA GILL) JUDGE (RITU TAGORE) JUDGE 05.10.2023 SUNIL 2023.10.12 12:16 I attest to the accuracy and authenticity of this document