IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17437 of 2009 DATE OF DECISION : 13.11.2009 M/s Shree Ganesh Woolen Mills, village Naueshera Nangli, Amritsar and others ... PETITIONERS Versus Punjab National Bank ..... RESPONDENT CORAM :- HON'BLE MR. JUSTICE SATISH KUMAR MITTAL Present: Mr. Rohit Suri, Advocate, for the petitioners. * * * SATISH KUMAR MITTAL , J. M/s Shree Ganesh Woolen Mills, village Naueshera Nangli, Amritsar and its partners have filed the instant petition under Article 226 of the Constitution of India for quashing the two demand notices dated 2.9.2009 (Annexure P-8) and 20.10.2009 (Annexure P-9), issued under Section 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the Act') as well as the possession notice dated 3.11.2009 (Annexure P-11), issued under Section 13 (4) of the Act. When the petitioner firm did not repay the loan amount in terms of the agreement and willfully defaulted in payment, its account was declared as NPA on 28.8.2009, and thereafter, the respondent bank proceeded under the provisions of the Act and issued demand notices dated CWP No. 17437 of 2009 -2- 2.9.2009 and 20.10.2009 under Section 13 (2) of the Act, which were duly served on the petitioner firm. The petitioners filed objections dated 3.11.2009 (Annexure P-10) under Section 13 (3) of the Act, and thereafter the respondent bank issued the possession notice dated 3.11.2009 (Annexure P-11) under Section 13 (4) of the Act. After hearing counsel for the petitioner, I am of the opinion that against the impugned notice (Annexure P-11), the petitioners have the remedy of appeal before the Debts Recovery Tribunal under Section 17 of the Act, which has not been availed by them and the instant petition has been filed. In para 32 of the writ petition, it has been stated that the petitioners have filed the petition, because the respondent bank is going to take possession of the secured assets on the basis of the letter dated 3.11.2009, without issuing a possession notice. This fact is not correct. The letter dated 3.11.2009 is a possession notice issued by the respondent bank under Section 13 (4) of the Act and against the said letter/action/order, the petitioners have the remedy to file appeal before the Debts Recovery Tribunal under Section 17 of the Act. The pleas which have been raised in this petition can be raised by the petitioners before the Debts Recovery Tribunal. Therefore, in view of the availability of the effective remedy of appeal against the impugned action of the respondent bank, I am not inclined to entertain this petition. Dismissed. November 13, 2009 ( SATISH KUMAR MITTAL ) ndj JUDGE