In view of an order dated 13.09.2013, passed by the learned Single Judge, raising a question as to ‘whether a writ petition would be maintainable against an order passed by the Debts Recovery Tribunal (for short 'the Tribunal'), while disposing of an appeal filed under S.17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'the SARFAESI Act'), in view of the alternative and efficacious remedy of an appeal provided under S.18, the Hon'ble Chief Justice, constituted this Bench to answer the said question.

2. Reference was made by the learned Single Judge, in view of the divergent views of the two Division Benches in W.A.No.6368/2011 decided on 21.11.2011, since reported in 2013 (1) AKR 370, (for short 'Hotel Vandana Palace case') and W.A.No.635/2013 decided on 18.03.2013, since reported in 2014 (1) AKR 40 (for short 'Smt. Lily Joseph case’). The conflict in the aforementioned two judgments centers round the availability of writ remedy against the order passed by the Tribunal.

3. The petitioners had filed S.A.No.688/2012 before the Tribunal, under S.17 of the Act, to set aside the sale notice dated 25.09.2012 is