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2019 Supreme(Ker) 791

S.MANIKUMAR, A.M.SHAFFIQUE
Green Valley Farms – Appellant
Versus
Syndicate Bank, Palakkad Branch – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.Titus Mani, Sri.P.A.Jacob, Sri.Binny Thomas
For the Respondent: Sri.K.P.Sujesh Kumar- SC

JUDGMENT :

S. MANIKUMAR, J.

1. Assailing the correctness of the judgment made in W.P.(C)No.16058 of 2019 dated 13th June 2019, directing the writ petitioners to move the alternative Statutory Forum provided under the provisions of the SARFAESI Act, 2002 instant writ appeal is filed.

2. Short facts of the case are as follows:

    Appellants have availed loan from Syndicate Bank/respondent No.1 and offered certain properties as secured assets. Since the appellants committed default, the bank initiated recovery proceedings under the SARFAESI Act, 2002. Appellants approached the Debt Recovery Tribunal (DRT) by filing S.A.No.831 of 2012 and the same was dismissed holding that the land offered is not an agricultural property. Being aggrieved by the order passed by the DRT, appellants approached the writ court, by filing W.P.(C)No.16058 of 2019. Writ court rejected writ petition by holding thus:

“6. It is now well settled in law that the availability of alternative remedy does not always impair this Court from exercising jurisdiction under Article 226 of the Constitution of India, if it is found that the order impugned has been issued without jurisdiction and is perverse. However, in the case at h

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