- (1.) Heard Shri Vineet Kumar Singh, learned counsel for the petitioners, Shri Satish Chaturvedi and Shri P.P. Srivastava, learned counsel for the respondent Nos. 2 and 3 and learned Standing Counsel representing respondent No. 1.
(2.) The instant petition has been filed by the petitioners under Article 226 of the Constitution of Indian seeking the following relief: "1. Issue a suitable writ, order or direction in the nature of certiorari quashing the impugned order dated 13.8.2020 passed by the District Magistrate, Jalaun at Orai in Case No. 49 of 2020 (State Bank of India, Main Branch Orai Vs. M/s Rafiq Traders and others) and the impugned order dated 10.1.2020 passed by the District Magistrate, Jalaun at Orai in Case No. 46 of 2020 (State Bank of India Vs. Rafiq Traders and others) (Annexure Nos. 8 and 5 to the writ petition. 2. Issue a writ, order or direction in the nature of mandamus commanding the respondents not to give effect to the impugned orders referred to above. 3. Issue a suitable writ, order or direction in the nature of mandamus commanding the respondents to adjourn the proceeding initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2020 against the petitioners until the decision in Original Suit No. 209 of 2018 (State Bank of India Vs. M/s Rafiq Traders and others), pending in the Court of Civil Judge (SD), Jalaun at Orai."
(3.) Proceeding has been undertaken against the petitioners pursuant to the steps taken under Section 13(2) and 13(4) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2020 (hereinafter referred to as the SARFAESI Act"). From the perusal of the record, it transpires that against the aforesaid proceeding, the petitioners had already approached this Court by filing Writ-C No. 12422 of 2019 (M/s Rafiq Traders Vs. State Bank of India and another) and a Coordinate Bench of this Court, after considering the submissions of the learned counsel for the petitioners in that writ petition, dismissed the petition as not maintainable on the ground of availability of alternative remedy of filing application/appeal under Section 17(1) of the SARFAESI Act.;