- (1.) Heard Sri B.K. Srivastava, learned counsel for the petitioner and Sri Sanjai Singh for the respondent-bank.
(2.) The issues raised in this writ petition have been substantially answered by us in the judgment delivered by us in Writ C No. 11706 of 2018 (Dheerendra Kumar & Another Vs. Authorized Officer Aadhar Housing Finance Ltd. And Another) dated 02.04.2018.
(3.) In addition thereto, Sri Srivastava, learned Senior Counsel for the petitioner has submitted that the outcome of the decision of the Full Bench in the case of N.C.M.L. Industries Ltd. & Others Vs. Debt Recovery Tribunal, Lucknow & Another, 2018 3 ADJ 102 is that the petitioner would be deprived of approaching this Court under Article 226 of the Constitution of India and at the same time stands deprived of the opportunity to avail of the remedy under Section 17 of the SARFAESI Act, 2002 upon Section 13(4) thereof being invoked by the creditor Bank. His submission is that this situation has arisen where the remedies prescribed under law being denied results in driving the borrower to the wall that crystallizes into what the Apex Court in our opinion has described in paragraph no. 13 of the judgment in the case of Union of India & Others Vs. Filip Tiago De Gama Of Vedem Vasco De Gama, 1990 1 SCC 277. Paragraph 13 is extracted hereinunder:- "13. This submission reminds us of the words of Shakespeare in The Merchant of Venice, where Launcelot tells Jessica: "Truly then I fear you are damned both by father and mother: thus when I shun Scylla, your father, I fall into Charybdis your mother: well, you are gone both ways.";