IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 1626 of 2011 1. Kuldeep Bhandari, S/O Shri Inder Singh Bhandari, 2. Kailashi Bhandari, W/O Shri Kuldeep Bhandari, 3. Pradeep Bhandari S/O Shri Inder Singh Bhandari, All R/O Kanharwala, Doiwala, Rishikesh Road, Dehradun. … Petitioners. Versus Punjab National Bank Housing Finance Limited, through its Branch Manager, Office at 16-B, Subhash Road (Manjul Palace) Dehradun. … Respondent. Mr. Tapan Singh, Advocate, learned counsel for the petitioners. Mr. S.K.Jain, Advocate, learned counsel for the respondent. Date August 04, 2011. Hon’ble B.S.Verma, J. (Stay Application No. 7988 of 2011) Heard learned counsel for the petitioners. By means of this writ petition, the petitioners have sought the following relief:- A) a writ, order or direction in the nature of certiorari quashing the impugned notice dated 10-6-2011 and possession notice dated 20-7-2011 (Annexure No. 3) issued by the respondent- bank. B) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent-bank to receive the balance loan amount as per the instalments fixed by the bank at the time of sanction of loan. C) Such other relief or reliefs as this Hon’ble Court deems just and proper in the facts and circumstances of the case, may also be granted. Learned counsel for the respondent-Bank Mr. S.K.Jain, Advocate, made a statement at Bar that the notice under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Act) was issued on 20-6-2010, which was published in the newspaper. 2 The petitioners have not annexed the notices which were issued under Section 13(2) as well as under Section 13(4) of the Act. In the course of arguments, Mr. S.K.Jain, Advocate, appearing on behalf of the respondent-Bank has submitted that the writ petition is not maintainable because the petitioners had alternate remedy of statutory appeal under Section 17 of the Act before the Debt Recovery Tribunal. Learned counsel for the Bank has relied upon a Division Bench judgment of this Court in the case of Smt. Alpana Shankar Vs. Union Bank of India and another reported in 2005(1) U.D., 692. In paragraph no.6, it has been observed as under:- “6. Admittedly, the petitioner was given notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. If the petitioner failed to discharge the liabilities within sixty days, the respondent Bank is entitled to take recourse to one or more of the measures mentioned under section 13(4) of the said Act to recover the secured debt. If the petitioner is aggrieved by any such action taken by the Bank under Section 13(4) of the Act, the petitioner has a right of appeal to the Debt Recovery Tribunal under section 17 of the said Act. From the averments made in the writ petition, it is not clear whether the respondents have taken any action under Section 13(4) of the Act. If any such action has already been taken or as and when such action is taken, the petitioner can approach the Debt Recovery Tribunal under Section 17 of the Act for redressal of her grievance. For this reason also, this Court cannot interfere in the matter in exercise of the power under Article 226 of the Constitution of India. Unless there are extreme and compelling circumstances, the High Court cannot exercise jurisdiction under Article 226 of the Constitution of India when the party has got an effective alternate remedy available under the Statute. The petitioner has not made out any such extreme and compelling 3 circumstance to persuade this Court to exercise the jurisdiction under Article 226 of the Constitution of India.” An effective alternate remedy of filing statutory appeal under Section 17 of the Act before the Debt Recovery Tribunal is available to the petitioners. Hence I am not inclined to entertain the writ petition. The writ petition is dismissed in limine. No order as to costs. However, the petitioners may approach appropriate Forum for redressal of their grievance. (B.S.Verma, J.) RCP