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NUPUR BHATI
Sanju Devi – Appellant
Versus
Tata Capital Housing Finance Limited – Respondent
| Table of Content |
|---|
| 1. loan agreement details and notice issuance. (Para 2 , 3 , 4 , 5 , 6) |
| 2. preliminary objections regarding writ jurisdiction. (Para 7) |
| 3. discussion on alternative statutory remedies. (Para 8) |
| 4. petitioner's willingness to repay and respondent's actions. (Para 9) |
| 5. legal principles on writ jurisdiction. (Para 10 , 11 , 12 , 13) |
| 6. dismissal of the writ petition based on available remedies. (Para 14) |
ORDER :
(Nupur Bhati, J.)
This writ petition has been preferred on behalf of the petitioner under Article 226/227 of the Constitution of India with the following prayers:-
(ii) by an appropriate writ, direction or order, the respondent Bank may restrained from auctioning the property of the petitioner and taking any coercive steps against the petitioner.
(iii) Cost of this writ petition may kindly be awarded in favour of the petitioner.
(iv) Any other appropriate direction or order which this Hon'ble Court deems fit in the facts and circumstance of the case may kind
The main legal point established in the judgment is that the availability of an alternative remedy under the Act may render a writ petition under Article 226 not maintainable.
The main legal point established in the judgment is that the availability of an effective and efficacious alternate statutory remedy under the Act of 2002 precluded the court from granting indulgence....
The court ruled that statutory remedies under the SARFAESI Act must be exhausted before seeking relief under Article 226 of the Constitution, ensuring that judicial discretion is exercised cautiously....
The main legal point established in the judgment is the principle of exhaustion of statutory remedies and the limited circumstances under which the High Court can exercise its extraordinary jurisdict....
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.
The borrower's right of redemption is extinguished upon the publication of the auction notice, allowing the auction purchaser to claim possession.
though existence of an alternative remedy is not an absolute bar to the maintainability of a writ petition under Article 226 of the Constitution, but a writ petition can be entertained in exceptional....
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