C.W.P. No.7583 of 2010 -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No.7583 of 2010 Date of Decision.28.04.2010 M/s Avian Kintcrafts B-IV-1069, Mohalla Sudan, Ludhiana-8 through its Proprietor Sh. Ashok Sachdeva ........Petitioner Versus Union of India through its Secretary, Ministry of Finance Jeevendeep Building, Parliament Street, New Delhi and others ...Respondents Present: Mr. Rakesh Bhatia, Advocate for the petitioner. CORAM:HON'BLE MR. JUSTICE K. KANNAN 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. To be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? -.- K. KANNAN J.(ORAL) 1. The complaint of the petitioner is that an action has been taken by the Financial Institution for possession under Section 13(4) immediately after serving a notice under Section 13(2) without waiting for a reply or effecting proper service. The malafides of the action is sought to be proved by the petitioner by pointing out that one day after service of notice under Section 13(2) without waiting for actual service, a publication had been effected. The validity of action under Section 13 could be addressed squarely by means of an appeal before the Debt Recovery Tribunal under Section 17 and a remedy by means of a writ petition is not appropriate when an C.W.P. No.7583 of 2010 -2- equally efficacious remedy is available in another forum under the provisions of SARFAESI Act. 2. The writ petition is under the circumstances dismissed. (K. KANNAN) JUDGE April 28, 2010 Pankaj*