RITU RAJ AWASTHI, SACHIN SHANKAR MAGADUM
ABDUL KHADER S/O ABDUL SAMAD – Appellant
Versus
SADATH ALI SIDDIQUI S/O MOHAMMED NAJBATH ALI SIDDIQUI – Respondent
JUDGMENT :
The captioned appeal is filed by the petitioner to the writ petition assailing the correctness of the order dated 17.09.2021 passed by the learned Single Judge in W.P.No.3628/2021.
2. The appellant herein approached the writ court questioning the order dated 05.12.2019 passed by the authority under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'the SARFAESI Act'). The writ petition was strongly contested by the respondent No.2/Bank by specifically contending that the appellant has an alternate and equally efficacious remedy under Section 17 of the SARFAESI Act. The learned Single Judge having examined the rival contentions disposed of the writ petition reserving liberty to the petitioner to avail alternative remedy under Section 17 of the SARFAESI Act. The appellant has questioned the said order before this Court.
3. Learned counsel appearing for the appellant reiterating the grounds urged in the writ appeal would vehemently argue and contend before this Court that what was challenged before the learned Single Judge was an order passed under Section 14 of the SARFAESI Act
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