LAWS(HPH)-2021-2-36

HARBANS LAI Vs. STATE BANK OF INDIA

Decided On February 10, 2021
Harbans Lai Appellant
V/S
STATE BANK OF INDIA Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioner.

(2.) By way of instant petition, petitioner has challenged the proceedings initiated by the respondents/Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI). A Division Bench of this Court in CWP No.5730/2020, titled as M/s Amar Traders Vs. Punjab National Bank & Others, decidedon 17.12.2020, relying upon various pronouncements of Hon'ble Apex Court, held that when an efficacious alternative remedy under the SARFAESI Act is available to the petitioner then the writ petition under Article 226 of the Constitution of India shall not be maintainable. Relevant portion thereof reads as under:-