MEHAR CHAND Vs. STATE OF H. P.

JUDGEMENT

(1.) The instant petition has been filed for grant of following substantive relief:

(2.) It would be evidently clear from the prayers made aforesaid that the proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'SARFAESI Act'), are already pending adjudication before the competent authority and what the petitioner under the guise of invoking extraordinary jurisdiction under Article 226 of the Constitution of India is trying is to thwart the proceedings so initiated by the respondents-Bank against him under the SARFAESI Act.

(3.) The Hon'ble Supreme Court has strongly deprecated the tendency of the High Courts in entertaining the writ petitions filed under Article 226 of the Constitution of India by the aggrieved persons without availing alternative and efcacious remedy available to them and more particularly, in the matters, which arise under the SARFAESI Act.