SMT. LAXMI DEVI SAIN W/O LATE SHRI DURGA LAL SAIN v. GENERAL MANAGER, ICICI LOMBARD HEALTHCARE
CW/16843/2024 · 2025-05-20
Anoop Kumar Dhand
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41975 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41975 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16843/2024 Smt. Laxmi Devi Sain W/o Late Shri Durga Lal Sain, Aged About 48 Years, R/o Gourav Path Nagar, Dhand Ka Rasta, Kekri Tehsil And District Ajmer (Raj.) ----Petitioner Versus
1. General Manager, Icici Lombard Healthcare, Icici Bank Tower, Plot No. 12, Financial District, Nankram Guda, Gachibovli, Hyderabad, Andra Pradesh (500032)
2. Branch Manager, Icici Lombard General Insurance Ltd., Iii Floor, Plot No. 9 Basant Vihar, Gopalpura Flyover, Tonk Road, Jaipur.
3. Managing Director, Au Small Finance Bank, Head Office, 19-A, Dhuleshwar Mahadev, Ajmer Road, Jaipur-302001.
4. Regional Manager, Regional Office, Au Square, B-11 E, Behind Ceg Tower, Malviya Nagar, Industrial Area, Jaipur-
302017.
5. Branch Manager, Au Small Finance Bank, Branch Kekri, Plot No. 242, Opp. Sethi Complex Sampada Road, Kekri, Ajmer. ----Respondents For Petitioner(s) : Mr. Prashant Saini For Respondent(s) : Mr. Rajdeep Rathore JUSTICE ANOOP KUMAR DHAND
Order 20/05/2025
1. By way of filing this writ petition, a challenge has been led to the impugned notice issued by the respondent under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘the SARFAESI Act’).
(2 of 2) [CW-16843/2024]
2. Admittedly, the petitioner has an alternative remedy of filing appropriate application before the Debt Recovery Tribunal (for short, ‘the DRT’) under the provisions of the SARFAESI Act.
3. It is the settled proposition of law, whenever any alternative statutory remedy is available with a person, he cannot be allowed to bypass the jurisdiction of the said authority.
4. On this count alone, the present writ petition stands
disposed of, granting liberty to the petitioner to approach the authority under the SARFAESI Act for redressal of his grievances.
5. Stay application and all pending application(s), if any, also stand disposed of.
(ANOOP KUMAR DHAND),J Ashu/102