IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 832 of 2010 1. Birendra Singh Negi Son of Sri Gulab Singh Negi, Resident of Shastri Enclave Haridwar Road Dehradun. 2. Smt. Darshani Negi wife of Birendra Singh Negi, Resident of Shastri Enclave Haridwar Road Dehradun. 3. Sri Gulab Singh Negi Son of Amar Singh Negi, Resident of Shastri Enclave Haridwar Road Dehradun. 4. Smt. Maita Negi wife of Sri Gulab Singh Negi, Resident of Shastri Enclave Haridwar Road Dehradun. … Petitioners. Versus 1. Branch Manager, Bank of Baroda, Rajpur Road, Dehradun. 2. Chief Manager, Bank of Baroda, Rajpur Road, Dehradun. 3. Assistant Manager, Stress Assets Resolution Centre (SARC) Uttarakhand Office, Rajpur Road, Dehradun. … Respondents. Mr. Ashok Aggarwal, Advocate, learned counsel for the petitioners. Mr. Siddhartha Sah, Advocate, for the respondents No.1 and 2-Bank of Baroda. Date June 02, 2010. Hon’ble B.S.Verma, J. (Stay Application No. 4046 of 2010) Heard learned counsel for the petitioners as well as the learned counsel for the respondent no.1 and 2 and perused the record. By means of this writ petition, the petitioner has sought the following relief:- A. Issue a writ, order or direction in the nature of certiorari to quash the impugned Notice demanding possession dated 1-2-2010 (filed as Annexure-3) and auction sale notice of property dated 29-4-2010 ( filed as Annexure-4) issued by the respondents. B. Issue a writ, order or direction in the nature of mandamus directing the respondents not to take any coercive action against the petitioners for recovery and auction sale of the property. C. Issue a writ, order or direction in the nature of mandamus directing the respondents to fix easy instalments for repaying the said outstanding amount. D. Issue any suitable writ, order or direction, which this Hon’ble Court may deem fit and proper in the circumstances of the case. E. Award the cost of the writ petition to the petitioners. 2 Relevant facts, giving rise to the present writ petition, according to the petitioners, are that the petitioners took over draft facility from the respondents to the tune of Rs. 21 lacs against their property situated at Shastri Enclave Haridwar Road, Dehradun in the year 2007. The petitioners started depositing the interest of over draft facility and have already deposited a sum of Rs. 1.5 lac with the respondents. The petitioners are ready to deposit the entire outstanding amount in easy instalments. The petitioners have also averred that in case of auction of the property, the whole family of the petitioners shall be ruined. A notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short the Act) was issued to the petitioners and guarantors on 9-10-2009 asking them to deposit the entire outstanding amount within a period of sixty days from the receipt of the notice. Subsequently, notice demanding possession was issued against the petitioners on 1-2- 2010, but the petitioners could not pay the defaulted amount due to financial crises. Ultimately, the auction notice was published in the daily news paper Amar Ujala on 30-4-2010. According to the petitioners, they are suffering from great financial hardship and due to loss caused in the business, the petitioners could not pay the instalments in time to the bank. Hence this writ petition has been preferred. In the course of arguments, Mr. Siddhartha Sah, Advocate, appearing on behalf of the respondent nos. 1 and 2 has informed the Court that the auction of the property is scheduled to be held today. Learned counsel for the Bank 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:- 3 “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 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 petitioner may approach appropriate Forum for redressal of their grievance or the petitioners may make a representation before the Bank concerned for that purpose. Certified copy of this order be issued to the learned counsel for the petitioners today on payment of usual charges. (B.S.Verma, J.) RCP 4