Jagpal v. Union Bank of India and Another
Case brief
What is this about?
The petitioner challenged a notice issued under Section 13(4)(a) of the SARFAESI Act without a prior Section 13(2) notice, claiming lack of adequate opportunity for objection. The court held that the appropriate remedy is an appeal to the Debt Recovery Tribunal under Section 17 of the Act.
What did the court decide?
The writ petition is dismissed with liberty to the petitioner to avail the remedy by way of appeal under Section 17 of the SARFAESI Act.