The High Court dismissed a writ petition seeking stay of auction of secured assets under the SARFAESI Act, holding it not maintainable due to the existence of an efficacious alternative remedy before the Appellate Tribunal and the petitioners having previously submitted to the jurisdiction of the DRT.
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BABITA VISHNOI & ANR. .....Petitioners Through: Mr. Rakesh Kumar and Mr. Pawan Kumar, Advs.
versus
BANK OF BARODA .....Respondent Through: Mr. Arun Aggarwal, Mr. Shivam Saini, Mr. Praful Rawat and Ms. Tanya Setia, Advs.
CORAM:
HON'BLE MR. JUSTICE DHARMESH SHARMA O R D E R
% 01.10.2024
2 The Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2005
3 DRT
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2024 at 11:52:23
DHARMESH SHARMA, J.
OCTOBER 01, 2024 Sp
4 EMIs
5 Non Performing Assets
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/10/2024 at 11:52:23
1 issue framed by the court
Whether a writ petition challenging auction proceedings under SARFAESI Act is maintainable when an efficacious alternative remedy before the Appellate Tribunal exists.
1 provisions across 1 enactments
BABITA VISHNOI & ANR.
BANK OF BARODA
Dharmesh Sharma
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
