Chattisgarh High Court
Shri Akshay Kumar vs Dena Bank 13 Wpc/2521/2018 M/S Dawda ... on 19 September, 2018
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPC No. 2570 of 2018
1. Shri Akshay Kumar S/o Shri Ram Deo Aged About 40 Years R/o
Ward No.17 Rajiv Nagar, Jamul, ACC Chowk, Bhilai District Durg,
Chhattisgarh
2. Shri Vijay Kumar S/o Shri Ram Deo Churru Nirmalkar Aged About
32 Years R/o Ward No. 17 Rajiv Nagar, Jamul, ACC Chowk,
Bhilai District Durg, Chhattisgarh
---- Petitioners
Versus
1. Dena Bank Through Head Office, Dena Corporate Centre, C/10,
G Block, Bandra Kurla Complex, Bandra (East), Mumbai 400051
2. Dena Bank Through Branch Power House, Bhilai Branch, Nandini
Road, District Durg, Chhattisgarh
---- Respondents
For Petitioner Shri J. K. Gupta, Advocate For Respondents Shri Vinod Deshmukh, Advocate Hon'ble Justice Mr. Prashant Kumar Mishra Order On Board 19/09/2018
1. Admittedly, recovery proceedings are pending before the DRT, Jabalpur in respect of the subject loan, therefore, the writ petition is not maintainable, as two parallel proceedings cannot be permitted to be initiated. Even if the auction notice (Annexure-P-
2) is under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short Act, 2002) and the rules framed thereunder, against the said proceedings also, the petitioner has remedy of preferring an appeal under Section 17 of the Act, 2002 before the DRT, Jabalpur. The petitioner may do so even now.
2. The writ petition is not maintainable. It is accordingly dismissed.
Sd/-
Prashant Kumar Mishra Judge Nirala