ANUPA ABROL Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) Present writ petition has been filed under Article 226 of the Constitution seeking a direction to the respondent No.1-Bank not to invoke the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'Act, 2002') on the ground that the alleged property bearing No. A-283, Shivalik, New Delhi-110017 admeasuring 197 sq. yds. does not fall within the definition of 'Financial Assets'.

(2.) Petitioner, who appears in person, draws this Court's attention to the letter dated 19 th August, 2013 written by the Government of India, Ministry of Urban Development, Land and Development Office, stating that the said office had not issued any Conveyance Deed dated 24th February, 2011 in respect of the aforesaid property in favour of predecessor-in-interest of respondents No.2 and 3. In fact, in the said letter, the Deputy, Land & Development Officer has stated that the Conveyance Deed dated 24th February, 2011 relied upon by the respondents is a fake Conveyance Deed and same is under investigation by the Economic Offences Wing, Crime Branch, New Delhi.

(3.) On the other hand, learned counsel for respondent No.1-Bank submits that the present writ petition is not maintainable as the petitioner has an alternative effective remedy by way of an appeal under Section 17 of the Act, 2002. Learned counsel for respondent No.1-Bank draws this Court's attention to the Kerala High Court's Full Bench judgment in N.P. Pushpangadan & Ors. vs. The Federal Bank Ltd. & Ors., 2012 AIR(Ker) 27 wherein it has been held as under:-