Madhya Pradesh High Court
Shri Phoolchandra Patidar vs Bank Od Maharashtra on 28 July, 2021
Author: Prakash Shrivastava
Bench: Prakash Shrivastava
1 WP-13007-2021
The High Court Of Madhya Pradesh
WP-13007-2021
(SHRI PHOOLCHANDRA PATIDAR Vs BANK OD MAHARASHTRA)
Jabalpur, Dated : 28-07-2021
Heard through Video Conferencing.
Shri Mayank Choudhary, learned counsel for the petitioner.
Heard on the question of admission and interim relief.
By this writ petition, the petitioner has challenged the order of the
respondent-Bank dated 22.4.2021, whereby the auction proceedings have
been cancelled.
It is not disputed by learned counsel for the petitioner that the borrower has already approached the DRT, where his case is pending and that the petitioner also has a remedy of approaching the DRT against the impugned order under Section 17 of the Securitisation Act, 2002.
Since an alternative efficacious statutory remedy is available to the petitioner before the DRT, therefore, we do not find any good ground to entertain the writ petition directly.
The petition is accordingly disposed of permitting the petitioner to avail the remedy before the DRT.
If the petitioner files any application/appeal before the DRT then, the DRT is expected to consider the same expeditiously.
C.c as per rules.
(PRAKASH SHRIVASTAVA) (VIRENDER SINGH)
JUDGE JUDGE
pp
Signature Not Verified
SAN
Digitally signed by PUSHPENDRA PATEL
Date: 2021.07.31 12:09:59 IST