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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Pardeep Kumar – Appellant
Versus
Magma Fincorp Ltd. – Respondent
JUDGMENT
G.S. Sandhawalia, J. (Oral) - The present writ petition has been filed under Articles 226 and 227 of the Constitution of India praying for quashing of the order dated 29.11.2022 (Annexure P-8) passed by the District Magistrate-cum-Deputy Commissioner, Yamuna Nagar.
2. It is not disputed that the possession has already been taken on 28.02.2023 in view of the fact that there were outstandings of Rs.38,37,792/- as on 13.07.2022 payable by the petitioners.
3. Keeping in view the above, we are of the considered opinion that it is not for the Writ Court to exercise its extra-ordinary writ jurisdiction under Articles 226/227 of the Constitution of India, in view of the huge outstanding as the bank is only seeking to recover the same, especially keeping in view the law laid down in United Bank of India v. Satyawati Tondon & others , (2010) 8 SCC 110 . The principles laid down in the said case were also arising out of the proceedings of The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 2002' Act) and resultantly discussing the law in detail it was held that as under:-
Exhaustion of alternative remedies before approaching the High Court under Article 226 of the Constitution, as emphasized by the provisions of the SARFAESI Act and supported by relevant Supreme Court....
As a result of judicial pronouncement of this Court, it would amount to judicial impropriety to say the least, for the subordinate courts including the High Courts to ignore the settled decisions and....
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