SUPREME NUTRI GRAIN PRIVATE LIMITED Vs. DENA BANK

JUDGEMENT

(1.) Present Letters Patent Appeal arises from the judgment dated 12.04.2018 passed by the learned Single Judge in Special Civil Application No.16833 of 2016, whereby the learned Single Judge has been pleased to dismiss the said writ petition on the ground of availability of alternative remedy under Section 17 of the SARFAESI Act. Two questions arise for our consideration, namely;

(2.) Brief facts, which are relevant for the purpose of deciding the present appeal, are as under:

(3.) Heard learned Senior Counsel Shri Mihir Joshi appearing with the learned Advocate Shri Aditya Gupta for the appellants and the learned Advocate Shri S.S. Panesar for the respondent bank. At this stage, it would be pertinent to mention that Kotak Mahindra Bank since it was not joined as party in the writ petition, have preferred an application being Civil Application No.1 of 2020 praying for being joined as party respondent in this Letters Patent Appeal. We have also heard Shri Nikunt K. Raval, learned Advocate for Kotak Mahindra Bank.