The petitioner had filed an identical writ petition [W.P.(C) No.1477 of 2017] against the proceedings initiated by the 4th respondent-Bank for recovery of total outstanding dues in a credit facility under the SARFAESI Act against the mortgaged properties of the petitioner. At the earlier instance, the petitioner had taken up two contentions in the arguments addressed, as to the petitioner being entitled to a set off, which could be agitated only if an Original Application is filed by the respondent-Bank under The Recovery of Debts Due to Banks and Financial Institutions Act, 1993 [for brevity "RDDB Act"]. It was contended that an application, provided under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for brevity "SARFAESI Act"] to the Debts Recovery Tribunal [for brevity "DRT"] against proceedings initiated under Section 13(4), would not be a remedy to agitate the said claim of set off and the Bank having initiated SARFAESI proceedings alone, the petitioner is rendered helpless with no remedy to agitate his contention of set off. A declaration was also sought, in the aforesaid circumstance, that