Limited jurisdiction of the court to entertain challenges under the SARFAESI Act and the availability of statutory remedy through the Debts Recovery Tribunal for redressal.

JUDGMENT :

1. The present writ petition is preferred by the petitioner seeking to assail the Possession Notice dated 19.12.2022 issued by the respondent Bank under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) read with Rule 8 of the Security Interest Enforcement Rules, 2002.

2. The case set up by the petitioner in this petition is that the Possession Notice has been put up on a property, which, as a matter of fact, was not mortgaged with the respondent Bank by way of secured assets and that the Bank has committed an error in putting the Possession Notice.

3. The respondent Bank has filed an affidavit disputing the averments made by the petitioner. In this affidavit, it is clearly stated that the proceedings for recovering the Bank dues by resorting the powers conferred under Section 13(4) of the SARFAESI Act are being taken on the secured assets and that there is no mistake in the description of the property in the Notice issued under Section 13(4) of the Act.

4. In view of these facts, apparently the writ petition herein involves seriously disputed question of facts. The petitioner has not filed any documentary evidence to satisfy the Court that the Possession Notice has been issued on a property with wrong description and that the same does not relate to the secured assets.

5. Apparently, jurisdiction of this Court to entertain the challenge laid to proceedings under the SARFAESI Act in exercise of writ jurisdiction is very limited inasmuch as, statutory remedy of approaching the Debts Recovery Tribunal (DRT) is available to the aggrieved person. Furthermore, as the case at hand involves disputed question of facts, this Court, would be loath to exercise its extra-ordinary writ jurisdiction so as to entertain the same.

6. Thus, the petitioner is relegated to approach the Debts Recovery Tribunal by way of filing a suitable application for ventilating his grievances. In case, if such application is filed within next 14(fourteen) days before the Debts Recovery Tribunal, the same shall be treated to be within limitation and will be decided on merit and as per law.

7. The writ petition is disposed of with the above observations.