Rakesh Ranjan Prasad, J. - (1.) HEARD learned counsel appearing for the respondents Bank on the point of maintainability of the case.
(2.) ACCORDING to the learned counsel appearing for the respondents, this application has been filed against the notice issued under Section 13(4) of the SARFAESI Act, though right to appeal against the measures taken under Sub -section (4) of Section 13 is there under the Act and, therefore, when statutory remedy is there, this Court should not entertain this writ application. In view of the submissions, one needs to take notice of Section 17 of the SARFAESI Act, which reads as follows: - 17. Right to Appeal - (1) Any person (including borrower), aggrieved by any of the measures to in sub -section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter,[ may make an application alongwith such fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdiction in the matter within forty -five days from the date on which such measures had been taken. (2) to (7)..........
(3.) FROM perusal of the provision, it does appear that any person aggrieved by any of the measures taken under Sub -section (4) of Section 13 by the secured creditor may file appeal. Instead of filing appeal under Section 17 of the Act, this writ application has been filed.;