W.K. INDUSTRIES Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This writ petition filed under Article 226 of the Constitution of India challenge has been made to the order dated 21.01.2019 passed in O.A. No.138 of 2013 by the Debts Recovery Tribunal, Guwahati.

(2.) A perusal of the order shows that disputed question of facts have been raised. Moreover against the aforesaid order, the petitioners have the alternative remedy under the Securitization and Reconstruction of Financial Assets Enforcement of Security Interest Act, 2002 ("SARFAESI Act").

(3.) The Apex Court in the case of Union Bank of India v. Satyawati Tondon: (2010) 8 SCC 110 held that where an alternative effective remedy was available to the aggrieved person, the High Court should not ordinarily entertain the writ petition under Article 226 of the Constitution. Paras 43, 44 and 45 read as under:-