M/S Morani Cars Pvt. Ltd vs Au Small Finance Bank Ltd on 8 March, 2022

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Rajasthan High Court - Jaipur

M/S Morani Cars Pvt. Ltd vs Au Small Finance Bank Ltd on 8 March, 2022

Bench: Mahendar Kumar Goyal

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 2254/2022

1.     M/s Morani Cars Pvt. Ltd., Through Director Mr. Lal Chand
       Morani S/o Sh. Nanak Ram Morani, Plot No. 14 Bajaj
       Nagar Enclave, Opp. Gandhi Nagar Railway Station, Lal
       Kothi Jaipur 302015 Raj.
2.     Mr. Lal Chand Morani S/o Mr. Nanak Ram Morani, R/o Plot
       No. 14, Bajaj Nagar Enclave, Opp. Gandhi Nagar Railway
       Station, Lal Kothi Jaipur 302015 Raj.
3.     Mrs. Reshma Morani W/o Lal Chand Morani, R/o Plot No.
       14 Bajaj Nagar Enclave, Opp. Gandhi Nagar Railway
       Station, Lal Kothi, Jaipur 302015 Raj.
4.     Jawahar Morani S/o Shri Nanak Ram Morani, R/o Plot
       No.104 A Gandhi Path Queens Road, Guru Jambeshwar
       Nagar A Vaishali Nagar, Distt. Jaipur Raj.
                                                                 ----Petitioners
                                   Versus
Au Small Finance Bank Ltd., Having Its Branch Office At 3Rd
Floor Sunny Trade Centre, New Aatish Market, Mansarovar,
Jaipur 302019, Through Authorized Officer.
                                                                ----Respondent

For Petitioner(s)        :     None Present
For Respondent(s)        :

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 08/03/2022 None appears for the petitioner even in second round. None appeared for petitioners yesterday also, i.e., on 07.03.2022.

This writ petition has been filed assailing the order dated 10.11.2021 passed by learned Chief Metropolitan Magistrate, Jaipur Metropolitan I under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security (Downloaded on 08/03/2022 at 09:24:16 PM) (2 of 2) [CW-2254/2022] Interest Act, 2002 (for brevity, "the Act of 2002") as also to quash the proceedings under the Act of 2002. The petitioner has an efficacious and alternative remedy of appeal under Section 17 of the Act of 2002 for the relief claimed herein. The Hon'ble Apex Court has, in case of United Bank of India vs. Satyawati Tondon & Ors.; (2010) 8 SCC 110, held that the aggrieved person has remedy of appeal under Section 17 of the Act of 2002 against the order passed under Section 14 of the Act.

In view thereof, this writ petition is dismissed for availability of alternative remedy to the petitioner.

(MAHENDAR KUMAR GOYAL),J PRAGATI/s-188 (Downloaded on 08/03/2022 at 09:24:16 PM) Powered by TCPDF (www.tcpdf.org)

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Rajasthan High Court - Jaipur