[2025:RJ-JP:24034] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.7365/2025 1. Hari Shankar Mahavar Son Of Sh. Tek Chand, Resident Of Subhash Colony, Near Phc Quarters, Ward No.18, Gangapur City, District Sawai-Madhopur. 2. Geeta Devi Wife Of Sh. Hari Shankar Mahavar, Resident Of Subhash Colony, Near Phc Quarters, Ward No.18, Gangapur City, District Sawai- Madhopur. ----Petitioners Versus 1. Chairman, Icici Bank Ltd., Icici Bank Tower, Bandra Kurla Complex, Mumbai-4000051 2. Authorized Officer, Icici Bank Ltd., Shel Tower, Plot No. 23, New Rohtak Road, Karol Bagh, New Delhi- 110005 ----Respondents For Petitioner(s) : Mr. Sameer Sharma JUSTICE ANOOP KUMAR DHAND Order 01/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned notice issued under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “SARFAESI Act, 2002”) to the petitioner by the respondent-Bank. 2. Learned counsel for the petitioner submits that the part of amount has been repaid by the petitioner in installments by depositing through cheque and cash even then a notice under Section 13(2) of the SARFAESI Act, 2002 has been illegally issued, hence interference of this Court is warranted. [2025:RJ-JP:24034] (2 of 2) [CW-7365/2025] 3. Whether the amount in question has been returned to the respondents or not and whether any outstanding is there against the petitioner or not? Both are the disputed questions of fact which cannot be adjudicated by this Court under its inherent jurisdiction contained under Article 226 of the Constitution of India. 4. The petitioner has alternative remedy under Section 17 of the SARFAESI Act, 2002 by way of filing an application before the Debt Recovery Tribunal (for short “DRT”), hence under these circumstances, this writ petition is not maintainable and the same is disposed of granting liberty to the petitioner to approach DRT by way of filing appropriate application. 5. It is needless to observe that, in case, any such application is submitted by the petitioner before the DRT, the same would be decided by the DRT after taking into account all documents/receipt submitted by the petitioner strictly in accordance with law. 6. Stay application as well as all applications (pending, if any) also stand disposed of. (ANOOP KUMAR DHAND),J Karan/29