HEMLATA SAHU Vs. BANK OF BARODA

JUDGEMENT

(1.) Challenge in this writ petition is to the order passed by the District Magistrate, Bilaspur dtd. 19/7/2023 (Annexure P8) and the consequential notice issued by the Tahsildar, Bilaspur dtd. 11/10/2023 (Annexure P9).

(2.) At the outset, this Court is of the opinion that since Annexure P8 dtd. 19/7/2023 being an order passed by the District Magistrate on an application filed by respondent No.1 i.e., Bank of Baroda, Branch ' Rajkishore Nagar, Bilaspur under Sec. 14 of the Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002 (in short, the Act, 2002), the writ petition would not be maintainable as there is statutory alternative remedy available to the petitioner under Sec. 17 of the Act, 2002 by challenging the same before the concerned Debts Recovery Tribunal, which the petitioner has already moved.

(3.) Recently, the Hon'ble Supreme Court in respect of the same has considered the issue in case of Phoenix RAC Private Limited Vs. Vishwa Bharti Vidya Mandir and Others, 2022 (5) SCC 345. In the said case, the Hon'ble Supreme Court in paragraphs 18, 20 and 21 has held as under: