M/S CORBETT ELECTRONICS, GHAS MANDI, RAMNAGAR, DISTRICT NAINITAL THROUGH ITS PROPRIETOR SRI RASHID KHAN Vs. PUNJAB NATIONAL BANK, KASHIPUR THROUGH ITS CHIEF MANAGER AND PUNJAB NATIONAL BANK, BRANCH OFFICE, RAMNAGAR, DISTRICT NAINITAL
LAWS(UTN)-2012-4-83
HIGH COURT OF UTTARAKHAND
Decided on April 04,2012

M/S Corbett Electronics, Ghas Mandi, Ramnagar, District Nainital Through Its Proprietor Sri Rashid Khan Appellant
VERSUS
Punjab National Bank, Kashipur Through Its Chief Manager And Punjab National Bank, Branch Office, Ramnagar, District Nainital Respondents

JUDGEMENT

B.S. Verma, J. - (1.) Stay Application No. 2903 of 2012
(2.) HEARD learned counsel for the parties. By means of this writ petition, the petitioner has sought the following relief: - 1. To issue a writ order or direction in the nature of certiorari quashing the impugned order/notice dated 22 -2 -2012 (Annexure -5) issued by respondent no. 2 -Bank. To issue such other suitable writ, order or direction, which this Hon'ble Court may deem fit and proper.
(3.) TO award cost of the writ petition to the petitioner. 2. A perusal of the record shows that the proceedings under Section 13(2) and 13(4) of the Act have already been drawn against the petitioner and the respondent Bank has already taken possession of the mortgaged property of the petitioner on 25 -11 -2011, as is evident from the impugned notice (Annexure No. 5). 3. An alternate remedy of statutory appeal under Section 17 of the Act before the Debt Recovery Tribunal is available to the petitioner.;


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