CWP No.14568 of 2009 --1-- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP No. 14568 of 2009 Date of decision : 30.3.2010 Ajay Mahajan ...Petitioner Versus Punjab National Bank & another ...Respondents CORAM : HON'BLE MR.JUSTICE AJAY KUMAR MITTAL **** Present: Mr. Puneet Sharma, Advocate, for the petitioner. Mr. H R Bhardwaj, Advocate, for the respondents. **** AJAY KUMAR MITTAL, J. (ORAL) The petitioner has approached this Court under Articles 226/227 of the Constitution of India seeking a writ of certiorari for quashing the possession notice dated 22.8.2009 (Annexure P-5) issued by the respondent-Bank. In response to the notice of motion having been issued by the Court, the respondent-Bank has filed reply wherein it has been stated in para 1 of the preliminary objection that against the action of the respondent-Bank, a remedy of statutory appeal lies under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "the SARFAESI Act"). Para 1 of the Preliminary Objection reads as under:- “1. That the action of the Bank which is being CWP No.14568 of 2009 --2-- challenged by the petitioner in this writ petition has been taken by the answering respondent under section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as SARFAESI ACT) against which a statutory appeal lies under section 17 of the said Act which is reproduced as under “Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorized officer under this Chapter, [may make an application along with 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” In view of the stand taken by the respondents and in the facts and circumstances of the present case, it is considered appropriate to dispose of the writ petition relegating the petitioner to avail an alternate remedy of appeal under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal. Learned counsel for the respondents has stated that in case, an appeal is filed by the petitioner within 15 days from the date of receipt of a certified copy of this order, the objection regarding limitation shall not be raised before the Tribunal. Ordered accordingly. March 30, 2010 (AJAY KUMAR MITTAL) atulsethi JUDGE