Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2013 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (5) TMI 507 - HC - Indian LawsCorrectness and sustainability of the proceedings pursued by the respondent Bank, particularly, by issuing Ext.P1 notice under Section 13(2) of the SARFAESI Act, is under challenge - The point to be considered is whether the writ petition is maintainable before this Court. The petitioner had availed a loan from the erstwhile Lord Krishna Bank Ltd, other similarly situated persons, including the partners of the firm had also availed some loans. It is brought on record that, in the course of the proceedings, Lord Krishna Bank was taken over by the Centurion Bank of Punjab Ltd. , which Bank itself was later got amalgamated with the present respondent Bank - HDFC Bank Ltd, by the passage of time. Held that - In view of the law declared by the Apex Court in Mardia Chemicals Limited v. Union of India [2004(4) TMI 294], this Court observed that, no writ petition was maintainable and the party, if at all aggrieved, was to approach the DRT. In view of the law declared by the Apex Court as mentioned hereinbefore and so also in view of the verdicts passed by this Court by way of Exts.P4 and P5, both by Single Bench and the Division Bench, it is not open for this Court to have the alleged cause of action entertained on merits. In the above circumstances, this Court finds that no interference is warranted. Writ petition fails and it is dismissed accordingly.
|