BEFORS THE HIGH COURT OF CHHATTISGARH AT BILASPUR. W.P.N0.13Q5 OF 2004(SB) y PETZTIONERS .<<?A:^ '^•^^e^""' '^^^-" ,^-^.- eS^" .,... •• .<e° ' 1) Kartar Chand Bhandari, aqed about 39 years» S/o. lafce K.K, Bhandari. 2) ,ssmt. Kamla Rani Bhandari, agea absu.t 65 years, Wd/o, late K.K. Bhandari. Bo-fch Resident of Santra Badi* Police Statlon Mohan Nagar, P.0. & Distt. Durg (C.G.I. VERSUS RESPONDENT Bank of India through Cfhief Manager / Authsrised Officer Bhilai» Branch at Civil^centre, P.0, Bhilai» .-^ Distt'; Durg (C.G.5 . PETITION UESIDER ARTIELE- 226/227 OF TI-IE CONSTITO'TION OF IISIDIA - FOR ISSUANCE OF A WKIT OF MANDAMUS AtlD CERTIORARI AI1D ANY OTHER WRIT/DIRECTOa/ORDER. '"^^ f«'~i!t HIGH COURT OF CHHATTiSGARH : BiLASI VVRIT PETITiON N0. 1903 OF 2004 3CTjTir^l\l IONERS Kartar Chand Bhandari & Versus iank of Indi (Writ Petition under Articie 226/227 of the Constitution of aingie Bench : Hon'bie Shri Satish K. Agnihotri, J. Pr&Si&nf •- i WSSVSt II. •— 1 fWi 'as, Advocate for the petitioners. , Advocate for the respondent. u. (Passed on 23ro day of September, 2010) Heard learned counsel appearing for the parties. By t'nls petition, the petitioners seek to challenge the iegatity and vslidity of the notice dated 29.6,2004 (Annexure P/1) issued by the respondent Bank under the provisions of the Securitisation snd Reconstruction of Financiai Assets and Enforcement of Securifry Interest Act, 2002 (for short "the Act, 2002"). At the very outset, learned counsei appearing for the parties jointly and fairiy submit that the issue invotved in the case on hand is idenfical to the case of Smt. Kavita Sharma v. State Bank of India & Others' snd'other connected matters, and pray that the present petition may be disposed of in the same terms. Accordingl'y, the present petition is not maintainable in view of the availability ot' aiternative remedy under the provisions of Section 17 of the Act, 2002. Thus, the petition is dismissed as not maintainable. However, iiberty is reser^ed to the petitioner to approach the appropriate forum under the provisions ofthe Act, 2002, if so advised. Sd/- Satish K. Agnihotri Judge No order asio costs. Vi/.P. (C) No.3466 of 2007 (decided on 5/8/2010)