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PUSHPENDRA SINGH BHATI
Dsb Motors Pvt. Ltd. – Appellant
Versus
Udaipur Urban Co-Operative Bank Ltd. Regd. – Respondent
ORDER
Pushpendra Singh Bhati, J. - This writ petition has been preferred claiming the following reliefs:
2. The auction notice dated 09.02.2018 (Annex. 5) may kindly be declared to be redundant and the General information dated 17.03.2018 (Annex. 6) (published in newspaper dated 18.03.2018) regarding deferring the date of auction may kindly be declared illegal and may kindly be quashed & set-aside.
3. The documents regarding confirmation of sale, if any, Sale Certificates and registering of same, if any, may kindly be called from the respondents and may kindly be declared illegal and may kindly be quashed and set-aside.
4. The respondent no.l may kindly be directed to proceed with the proposal given by the petitioner companies vide communication dated 08.05.2018 (Annex. 14) and implement the same."
2. At the outset, this Court takes note of the fact that at the instance of the petitioners, an earlier writ pet
The court reinforced that compliance with statutory notice requirements and fair valuation is essential in property auctions under the SARFAESI Act to protect borrower rights.
SARFAESI--Auction Sale--Confirmation of sale of secured assets by bank-- Writ Petition against such an action of Bank is not maintainable
The SARFAESI Act mandates exhausting statutory remedies before seeking extraordinary relief under Article 226; procedural compliance is essential, and the auction process cannot be set aside absent s....
The court held that when a statute provides specific remedies, writ jurisdiction under Article 226 should not be exercised, affirming the precedence of statutory procedures over equitable remedies.
Mandatory compliance with procedural requirements under the SARFAESI Act is essential; failure to adhere prejudices borrowers' rights and invalidates auction proceedings.
The court upheld the dismissal of a writ petition due to the availability of an alternative remedy under the Recovery of Debts and Bankruptcy Act, emphasizing the need for statutory compliance in auc....
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
(1) Writ Petition – High Court will ordinarily not entertain a petition under Article 226 of Constitution if an effective remedy is available to aggrieved person.(2) Auction sale of secured asset – S....
The High Court cannot entertain a writ petition under Article 226 when an effective alternative remedy exists under the SARFAESI Act, emphasizing the need for exhaustion of statutory remedies.
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