NARINDER SINGH SON OF SH. HARI SINGH, RESIDENT OF H.NO. 105, RAM KISHAN COLONY, AMBALA CANTT. Vs. CENTRAL BANK OF INDIA, MAHESH NAGAR, AMBALA CANTT. THROUGH ITS BRANCH MANAGER AND OTHERS

JUDGEMENT

(1.) THE only challenge in the writ petition is to the possession notice, which is issued and the further action taken under Section 13(4) of the SARFAESI Act. The petitioner will have appropriate remedy by means of an appeal under Section 17 of the SARFAESI Act. The petitioner's grievance still further is that he made such an appeal previously but it was not entertained. The petitioner is bound to satisfy the particular Forum, which is competent to receive the appeal and if there is any order, which speaks adversely to his attempt, he shall have a further remedy by means of an appeal under Section 19 of the SARFAESI Act before the DRAT. If there is any delay in filing the appeal, the time taken by the petitioner in his bona fide prosecution before the Authority at DRT previously and later before this Court, the petitioner may seek for exclusion of the time taken and if such a request is made, the same will be considered by the DRAT and entertain the appeal.

(2.) LEARNED counsel for the petitioner also contended that there is no loan outstanding. It will still be a matter of adjudication before the DRT and not before this Court.