GABHARU ENTERPRISE Vs. GABHARU ENTERPRISE

JUDGEMENT

(1.) Heard Mr. B.D. Goswami, learned counsel for the petitioners. Also heard Mr. B. Sarma, learned counsel for the respondent Nos. 1 to 3.

(2.) The challenge in this petition under Article 226 of the Constitution of India is to the action taken against the petitioners by the respondent Bank under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, hereinafter referred to as 'the SARFAESI Acf).

(3.) The petitioners have an efficacious alternative remedy by way of filing an appeal under Sec. 17 of the SARFAESI Act before the Debts Recovery Tribunal and, therefore, no interference is called for in this petition. We are fortified in our view by the binding decision of the Hon'ble Apex Court in the case of Authorized Officer State Bank of Travancore and Anr -vs' Mathew K.C., reported in AIR 2018 SC 676, wherein it was observed as under: