M/S Agarwal Industrial Corporation v. Union Of India And ANR

05.04.2022.

Item No. 43.

Court No.13 ap W.P.A. No. 3381 of 2022 M/s. Agarwal Industrial Corporation

Versus

Union of India & Ors.

Mr. Lutful Haque.

...For the petitioner.

Affidavit-of-service filed in Court today be taken on record.

The petitioner is aggrieved by a sale proceeding conducted by Union Bank of India under the SARFAESI Act, 2002.

This Court is of the view that the petitioner has effective alternative remedy available, before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002.

This Court even otherwise sees that there are disputed questions of fact that will have to be entered into, for the purpose of considering the prayer made by the petitioner.

In that view of the matter, with liberty is reserved to the petitioner as above the instant writ petition shall stand disposed of without any order. Counsel for the petitioner shall serve a copy of this order on the respondents.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)