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2022 Supreme(Raj) 2105

INDERJEET SINGH
Umesh Kumar Gupta – Appellant
Versus
Union Bank Of India – Respondent


Advocates appeared:
Mr. Amit Changani, Through Vc. Mr. Manoj Kumar Sharma, Through Vc. Mr. K.N. Sharma, Through Vc. Mr. Ravi Kant Sharma, Through Vc., for the Appellant
Mr. Aditya Kiran Mathur For Bank Of Baroda, Through Vc. Mr. Pankaj Gupta, Through Vc. Ms. Suruchi Kasliwal, Through Vc. Mr. Ram Naresh Vijay, Through Vc. Mr. Bal Ram Vashisth, Through Vc. Mr. Devendra Sharma, Through Vc. Mr. Alok Garg, Through Vc. Ms. Anamika Arora, Through Vc., for the Respondent.

ORDER

1. As the question of law raised in these writ petitions is the same, therefore with consent of the parties, these petitions have been heard together and are being decided by the present order.

2. Admittedly, the petitioners are having alternative remedy of filing application before the Debts Recovery Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the notice issued by the respondent-banks to the petitioners under Section 13(4) of the Act, 2002.

3. The Hon'ble Supreme Court while considering the matter under the Act of 2002, in a judgment rendered in the case of 'ICICI Bank & Ors. Vs. Umakanta Mohapatra & Ors, reported in (2019) 13 Supreme Court Cases 497, has held as under:-

    "1. Delay condoned. Leave granted.

    2. Despite several judgments of this Court, including a judgment by Hon'ble Mr. Justice Navin Sin ha, J. as recently as on 30.01.2018, in State Bank of Travancore and Anr. vs. Mathew K.C., the High Courts continue to entertain matters which arise under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI), and keep granti

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