D.B.CIVIL SPECIAL APPEAL (WRIT) NO. 246/2007 Azimuddin v. State Bank of Bikaner & Jaipur & ors. Date of order : 17.01.2008 HON'BLE THE CHIEF JUSTICE MR. NARAYAN ROY HON'BLE MR. JUSTICE MOHAMMAD RAFIQ Mr. Anil Vyas for the appellant Heard Mr. Anil Vyas, learned counsel for the appellant. This appeal is directed against the order dated 26.2.2007 passed by learned Single Judge of this Court in S.B.Civil Writ Petition no. 892/2007 dismissing the writ application. The appellant has borrowed loan from State Bank of Bikaner and Jaipur under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the Act'). On failure to repay the loan necessary steps were taken by the concerned Bank, but when the loan was not satisfied the Bank took possession of the property described in Annexure 3 by virtue of the power under Section 13 (4) of the Act. The borrower appellant being aggrieved by the order Annexure 3 to the writ application coupled with the fact that the possession of the property was taken, which would appear from the pleadings of the writ application, filed writ application. The aforesaid writ application however was dismissed observing that the action of the Bank authorities could have been challenged under the provisions of the Act. Section 17 of the Act manifestly makes it clear that any person aggrieved of any of the measures - 2 - referred in sub-section (4) of Section 13 of the Act may make an application along with such fee as may be prescribed to the Debt Recovery Tribunal having jurisdiction in the matter within 45 days from the date on which such measure had been taken. In view of the provision aforementioned, the learned Single Judge of this Court was wholly justified in dismissing the writ application and directing to avail the remedy as provided in the Act. For the reasons aforementioned, therefore, the order impugned cannot be faulted and no interference is required. This appeal is accordingly dismissed. (MOHAMMAD RAFIQ) J. (NARAYAN ROY),C.J. mathur