Court No. - 40

Case :- WRIT - C No. - 15025 of 2021

Petitioner :- Hareram Yadav

Respondent :- Chief Manager/ Authorised Officer And Another

Counsel for Petitioner :- Santosh Kumar Giri

Counsel for Respondent :- Shyam Mani Shukla

Hon'ble Manoj Misra,J.

Hon'ble Dinesh Pathak,J.

Heard learned counsel for the petitioner; Sri Shyam Mani Shukla for the

respondents 1 and 2; and perused the record.

By this petition, the petitioner has sought quashing of the possession

notice dated 19.02.2021 under sub-section (4) of Section 13 of the

Securitization and Reconstruction of Financial Assets and Enforcement of

Security Interest Act, 2002 (for short 'SARFAESI Act') read with the Rules

framed thereunder.

A preliminary objection has been raised by the learned counsel for the

Bank that petitioner has an alternative statutory remedy under Section 17

of the SARFAESI Act and therefore, this petition may not entertained.

It is well settled (vide decisions of the Apex Court in United Bank of

India vs. Satyawati Tandon and others, (2010) 8 SCC 110; ICICI Bank

Ltd. Vs. Umakanta Mohapatra and others, (2019) 13 SCC 497;

Authorized Officer, State Bank of Travancore and another Vs. Mathew