JUDGEMENT
SANJIB BANERJEE, SUDIP AHLUWALIA, JJ. -
(1.) THE appeal is directed against an order of May 6, 2014 by
which the writ petition has been dismissed on the ground that the petitioners'
remedy under Section 17 of Securitisation and Reconstruction of Financial
Assets and Enforcement of Security Interest Act, 2002 would be available at the
appropriate stage.
(2.) THE writ petition was directed against a notice dated February 22, 2010 issued by the bank in exercise of its authority under Section 13(4) of the said Act.
The bank did not take possession of the secured assets, but by the said notice conveyed its decision of taking possession of the secured assets if the petitioners
failed to pay off the dues prior to May 12, 2010.
(3.) THE Single Bench has noticed the judgments reported at AIR 2010 SC 3413 (United Bank of India vs Satyawati Tandon) and (2013) 9 SCC 620 (Standard
Chartered Bank vs. V. Noble Kumar) for the width of the authority of the Debts
Recovery Tribunal under Section 17 of the said Act. The order has not precluded
the petitioners from approaching the tribunal at the appropriate stage to raise all
points before it.;
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