Court No. - 9

Case :- WRIT - C No. - 11050 of 2021

Petitioner :- Gauri Shankar

Respondent :- State Of U.P. And 2 Others

Counsel for Petitioner :- Saurabh Yadav

Counsel for Respondent :- C.S.C.

Hon'ble Sanjay Yadav,Acting Chief Justice

Hon'ble Prakash Padia,J.

The matter is taken up through video conferencing.

Sri Saurabh Yadav, learned counsel appears on behalf of

petitioner.

Learned Standing Counsel appears on behalf of respondents.

Petitioner seeks indulgence in respect of action taken by the

Respondent-Financial Institution under the Securitisation and

Reconstruction of Financial Assets and Enforcement of

Securities Interest Act, 2002.

In our considered opinion and has been held by the Supreme

Court in the case of United Bank of India v. Satyawati Tandon

and Others, (2010) 8 SCC 110 wherein in paragraph 42 and 43

it is held:

"42. There is another reason why the impugned order should be set aside.

If respondent No.1 had any tangible grievance against the notice issued

under Section 13(4) or action taken under Section 14, then she could have

availed remedy by filing an application under Section 17(1). The

expression `any person' used in Section 17(1) is of wide import. It takes

within its fold, not only the borrower but also guarantor or any other

person who may be affected by the action taken under Section 13(4) or

Section 14. Both, the Tribunal and the Appellate Tribunal are empowered

to pass interim orders under Sections 17 and 18 and are required to decide

the matters within a fixed time schedule. It is thus evident that the

remedies available to an aggrieved person under the SARFAESI Act are

both expeditious and effective.

43.Unfortunately, the High Court overlooked the settled law that the High

Court will ordinarily not entertain a petition under Article 226 of the

Constitution if an effective remedy is available to the aggrieved person

and that this rule applies with greater rigour in matters involving recovery

of taxes, cess, fees, other types of public money and the dues of banks and

other financial institutions. In our view, while dealing with the petitions

involving challenge to the action taken for recovery of the public dues,

etc., the High Court must keep in mind that the legislations enacted by

Parliament and State Legislatures for recovery of such dues are code unto

themselves inasmuch as they not only contain comprehensive procedure

for recovery of the dues but also envisage constitution of quasi judicial

bodies for redressal of the grievance of any aggrieved person. Therefore,

in all such cases, High Court must insist that before availing remedy under

Article 226 of the Constitution, a person must exhaust the remedies

available under the relevant statute."

When faced with such situation, learned counsel for the

petitioner prays for withdrawal of petition with liberty to avail

the remedy before the Debt Recovery Tribunal.

Prayer is allowed.

Petition is dismissed as withdrawn with said liberty.

Order Date :- 28.4.2021

N Tiwari

(Prakash Padia,J.) (Sanjay Yadav,A.C.J.)