LAWS(GJH)-2020-10-24

UNNATI INORGANICS PRIVATE LIMITED Vs. UNION OF INDIA

Decided On October 22, 2020
Unnati Inorganics Private Limited Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) By this petition, inter alia, under Article 226 of the Constitution of India, the petitioner has prayed the following main reliefs:

(2.) Facts, being discernible from the petition, are as under.

(3.) The respondent Bank appeared on caveat and has filed its detailed reply. The respondent Bank has, inter alia, raised a preliminary objection as to the maintainability of the writ petition on the ground that there is an alternative efficacious remedy available to the petitioner under Section 17 of the SARFAESI Act. Reliance is placed on several judgments including the judgment of the Apex Court in the case of United Bank of India vs. Satyawati Tondon and others, 2010 8 SCC 110. It is urged that in view of the alternative efficacious remedy available to the petitioner under SARFAESI Act, the petition does not deserve to be entertained and the same may be dismissed.