Punjab-Haryana High Court
Sanjeev Narula vs District Magistrate Gurgaon & Anr on 5 December, 2014
Bench: Hemant Gupta, Hari Pal Verma
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
CWP No.24560 of 2014 (O&M)
Date of Decision: December 05, 2014
Sanjeev Narula ......Petitioner
Vs.
District Magistrate, Gurgaon & another .........Respondents
CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA
HON'BLE MR. JUSTICE HARI PAL VERMA
Present: Mr. Sanjeev Bhandari, Advocate, and
Mr. Vivek Verma, Advocate, for the petitioner.
HEMANT GUPTA, J. (ORAL)
CM No.15012 of 2014 Application is allowed. Annexures P-9 & P-10 are permitted to be taken on record.
CWP No.24560 of 2014
Challenge in the present writ petition is to the proceedings pending before the District Magistrate, Gurgaon in terms of Section 114(3) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the Act'), consequent upon the confirmation of sale leading to issuance of sale certificate.
The petitioner has admittedly filed an application before the Debts Recovery Tribunal in respect of proceedings initiated under the Act. Since the VIMAL KUMAR 2014.12.10 10:55 I attest to the accuracy and integrity of this document Chandigarh CWP No.24560 of 2014 (O&M) 2 petitioner is already before the Debts Recovery Tribunal, he can very well raise grievance in respect of proceedings before the District Magistrate before the Debts Recovery Tribunal. We, thus, find that the petitioner has effective alternative remedy to approach the Debts Recovery Tribunal in respect of the proceedings under the Act.
Consequently, the present writ petition is dismissed with liberty to the petitioner to raise all the pleas raised in the present writ petition before the Debts Recovery Tribunal.
(HEMANT GUPTA) JUDGE (HARI PAL VERMA) JUDGE December 08, 2014 Anjal/Vimal VIMAL KUMAR 2014.12.10 10:55 I attest to the accuracy and integrity of this document Chandigarh