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2021 (3) TMI 485 - HC - Indian LawsPrivate financial institution - petitioner's grievance is against M/s. Citi Bank which is a private financial institution and it would not fall under definition of article 12 of Constitution - HELD THAT:- The hon'ble apex court hold that the writ petition is not maintainable in so far as remedy under the SARFAESI Act, 2002, in the case of UNITED BANK OF INDIA VERSUS SATYAWATI TONDON AND OTHERS [2010 (7) TMI 829 - SUPREME COURT] where it was held that It is true that the rule of exhaustion of alternative remedy is a rule of discretion and not one of compulsion, but it is difficult to fathom any reason why the High Court should entertain a petition filed under article 226 of the Constitution and pass interim order ignoring the fact that the petitioner can avail effective alternative remedy by filing application, appeal, revision, etc., and the particular legislation contains a detailed mechanism for redressal of his grievance. The apex court in the case of RADHEY SHYAM & ANR & JAGDISH PRASAD VERSUS CHHABI NATH & ORS & IQBAL KAUR & ORS [2015 (7) TMI 376 - SUPREME COURT] held writ does not lie against a private person not discharging any public duty. Even on this principle writ is not maintainable. The writ petition stands dismissed reserving liberty to the petitioner to approach appropriate forum - petition dismissed.
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