MANOJ KUMAR SINGH Vs. PUNJAB NATIONAL BANK.

JUDGEMENT

(1.) This writ petition has been filed for the following directions:

(2.) Mr. Pratyush Kumar, learned counsel for the respondent-Bank has raised preliminary objection regarding maintainability of the writ petition on the ground of the availability of remedy available under SARFAESI Act, 2002 wherein as per the provision made under Section 17 the borrower/petitioner is to approach before it. His further submission is that the writ petition has been filed at the stage when the sale certificate has already been issued in favour of another petitioner on 06.04.2019 in pursuance to second auction notice which was notified after failure of the first auction and, therefore, at this stage this Court may not interfere in exercise of power conferred to this Court under Article 226 of the Constitution of India.

(3.) He has referred the judgment render by the Hon'ble Apex Court reported in (2010) 8 SCC 110 (United Bank of India vs. Satyawati Tondon and Ors.), (2018) 3 SCC 85 (Authorized Officer, State Bank of Travancore and Anr. vs. Mathew K.C), (2012) 1 SCC 656 (Suraj Lamp and Industries Pvt. Limited (2) through Director vs. State of Haryana and Anr.).