Ahimat Bai Vs State Of Chhattisgarh And Ors

Chhattisgarh High Court 25 Sep 2018 Writ Petition (C) No. 2611 Of 2018 (2018) 09 CHH CK 0392
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (C) No. 2611 Of 2018

Hon'ble Bench

Prashant Kumar Mishra, J

Advocates

A. C. Sahu, Rajendra Tripathi

Final Decision

Dismissed

Acts Referred
  • Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 - Section 17
  • Security Interest (Enforcement) Rules, 2002 - Rule 8(1)

Judgement Text

Translate:

Prashant Kumar Mishra, J

1. Petitioner would assail the possession notice issued by the respondent Chhattisgarh Rajya Gramin Bank, Durg under Rule 8 (1) of the Security

Interest (Enforcement) Rules, 2002 framed under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act,

2002 (for short Act, 2002).

2. Petitioner has the remedy of preferring an appeal under Section 17 of the Act, 2002 before the jurisdictional Debt Recovery Tribunal. The writ

petition is not maintainable in view of the law laid down by the Supreme Court in the matter of United Bank of India vs Satyawati Tondon and others,

reported in (2010) 8 SCC 110.

3. Accordingly, the writ petition is dismissed with liberty to the petitioner to approach the DRT.

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