JNANA GANGOTHRI Vs. BANK OF INDIA

JUDGEMENT

(1.) This intra court appeal is filed against the order dtd. 19/7/2022 passed in W.P.No.9106/2020, by which, the learned Single Judge has declined to entertain the writ petition preferred by the appellant. However, liberty has been reserved to take recourse to the remedy of appeal which is available under Sec. 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002 (for short, 'the Act').

(2.) We have heard the learned Counsel for the appellant at length.

(3.) Learned Counsel for the appellant submitted that the learned Single Judge ought to have issued a writ of mandamus to consider the application submitted by the appellant for restructuring of the loan. It is further submitted that the e-auction has been scheduled to be held on 7/9/2022 and the same may be stayed till the competent authority of the bank takes a decision on the application submitted by the appellant for restructuring of the loan.