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SCA/427820/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4278 of 2009
=========================================================
ANAND
HEALTHCARE LIMITED & 1 - Petitioner(s)
Versus
GUJARAT
INDUSTRIAL COOPERATIVE BANK LIMITED - Respondent(s)
=========================================================
Appearance :
MR
BS PATEL for Petitioner(s) : 1 - 2.
MR JB
DASTOOR for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE ANANT S. DAVE
Date
: 22/06/2009
ORAL
ORDER
Draft
amendment is granted.
The
petitioner has filed this petition with the following prayers :-
(A) be
pleased to issue a writ of certiorari or a writ in the nature of
certiorari or any other appropriate writ, order or direction quashing
and setting aside the order under Section 13(2) of the Act sealing
the factory premises as per Annexure-A to the petition, notice dated
2.4.2009 at Annexure-B to the petition and the order dated 21.4.2009
passed by the respondent bank at Annexure-C to the petition. .
(B) Pending
admission and final disposal of this petition, Your Lordships will be
pleased to stay further execution, operation and implementation of
the order under Section 13(2) at Annexure-A to the petition, the
notice dated 2.4.2009 at Annexure-B to the petition and the order
dated 21.4.2009 passed by the respondent bank at Annexure-C to the
petition and further be pleased to direct the respondent bank to open
the seal and permit the petitioner No.1 company to run the factory
on such terms and conditions which the Hon’ble Court may deem fit .
Admittedly,
alternative remedy is available under Section 17 of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Enforcement of Security Interest Act, 2002 (for short
the Act ) is available to the petitioners and thereafter also
remedy of appeal is available under Section 18 of the Act.
This
petition is dismissed only on the ground of availability of
efficacious alternative remedy under the Act. Accordingly, this
petition is dismissed.
Notice
stands discharged.
(ANANT S. DAVE, J.)
*pvv
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