RAFIQ TRADERS Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Heard Shri Vineet Kumar Singh, learned counsel for the petitioners, Shri Satish Chaturvedi and Shri P.P. Srivastava, learned counsel for the respondent Nos. 2 and 3 and learned Standing Counsel representing respondent No. 1.

(2.) The instant petition has been filed by the petitioners under Article 226 of the Constitution of Indian seeking the following relief:

(3.) Proceeding has been undertaken against the petitioners pursuant to the steps taken under Section 13(2) and 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2020 (hereinafter referred to as the SARFAESI Act"). From the perusal of the record, it transpires that against the aforesaid proceeding, the petitioners had already approached this Court by filing Writ-C No. 12422 of 2019 (M/s Rafiq Traders Vs. State Bank of India and another) and a Coordinate Bench of this Court, after considering the submissions of the learned counsel for the petitioners in that writ petition, dismissed the petition as not maintainable on the ground of availability of alternative remedy of filing application/appeal under Section 17(1) of the SARFAESI Act.