Smt Pramod v. Vinod Kumar and 4 Others

Court No. - 3 Case :- WRIT - C No. - 35414 of 2023 Petitioner :- Smt Pramod Respondent :- Vinod Kumar And 4 Others Counsel for Petitioner :- Nigamendra Shukla Hon'ble Siddhartha Varma,J. Hon'ble Shekhar B. Saraf,J.

¶1Heard learned counsel for the petitioner and Sri Jainendra Kumar Mishra, learned counsel for the respondent-Bank.

¶2When a sale notice was issued on 20.9.2023 for recovering certain amount from M/s. V.K. Impex under the proprietorship of Vinod Kumar then a notice was also issued to the petitioner who was the guarantor. The loan amount which was overdue on 20.9.2023 was to the tune of Rs.5,08,03,071.53/-. Learned counsel for the petitioner states that instead of approaching the Debts Recovery Tribunal against the notice for auction dated 20.9.2023, the petitioner approached the Civil Court and filed a Civil Suit being Original Suit No.49 of 2023.

¶3We are of the view that since the petitioner has already availed an alternative remedy, no further order is required to be passed. By this order, however, we do not bestow any jurisdiction on the Civil Court.

¶4The writ petition is, accordingly, dismissed. Order Date :- 22.11.2023 GS (Shekhar B. Saraf, J.) (Siddhartha Varma, J.) High Court of Judicature at Allahabad