UMESH KUMAR GUPTA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) As the question of law raised in these writ petitions is the same, therefore with consent of the parties, these petitions have been heard together and are being decided by the present order.

(2.) Admittedly, the petitioners are having alternative remedy of filing application before the Debts Recovery Tribunal under Sec. 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 against the notice issued by the respondent-banks to the petitioners under Sec. 13(4) of the Act, 2002.

(3.) The Hon'ble Supreme Court while considering the matter under the Act of 2002, in a judgment rendered in the case of 'ICICI Bank and Ors. Vs. Umakanta Mohapatra and Ors, reported in (2019) 13 Supreme Court Cases 497, has held as under:-