Point of Law: A proceeding initiated under SARFAESI Act and/or any proposed action is to be taken and borrower is aggrieved by any of actions of bank, borrower has to avail remedy under SARFAESI Act and no writ petition would lie and/or is maintainable and/or entertainable.

ORDER :

The instant petition has been filed for the grant of following substantive reliefs:-

i. Issue a Writ in the nature of certiorari quashing possession notice issued under Section 13(4) of the SARFAESI Act, 2002 dated 05.02.2018 (Annexure P-5 (Colly) and the second possession notice under Section 13(4) dated 12.06.2018 (Annexure P-8 (Colly) issued under the SARFAESI Act, 2002 without deciding the objection/reply dated 27.09.2017 filed under Section 13(3-A) of the SARFAESI Act, 2002, in response to the demand notice issued under Section 13(2) dated 03.08.2017 of the SARFAESI Act, 2002 (Annexure P-1) and also without deciding objection/rely dated 12.01.2018 filed under Section 13(3-A) of the SARFAESI Act, 2002 to the demand notice dated 16.11.2017 under Section 13(2) of the SARFAESI Act, 2002 contrary to the law laid down by the Hon'ble Supreme Court of India in a case titled as 'ITC Limited V/s Blue Coast Hotels Ltd. & others' reported in 2018 AIR (SC) 3063, where the Hon'ble Apex Court held in Para 29 and 30 that Section 13(3-A)is a mandatory one and the Authorized Officer has to decide the objection/reply filed by the borrower/quarantor to the demand notice i.e. Notice under Section 13 (2) of the SARFAESI Act, 2002 issued by the Authorized Officer with reasoned order and if the same is not decided as per the provisions of the SARFAESI Act and also in view of the law laid down in Mardia Chemical Case and in this case the Authorized Officer cannot proceed further under the SARFAESI Act, 2002 and if the proceedings under the SARFAESI Act are initiated without deciding the objection/reply under Section 13(3-A), in the interest of justice, equity and fair play.

ii. Set aside the proceedings initiated by the respondent Bank under Section 14 of the SARFAESI Act, 2002 by letter dated 23.01.2019 by intimation to the petitioners vide which the respondent Bank filed the Petition, for taking possession of the secured assets and also for police assistance and the respondent No. 4 is adamant LO Issue order for taking possession without affording any opportunity of hearing to the petitioners in view of the amended provisions of Section 14 of the SARFAESI Act, 2002 and also to stay further proceedings initiated by the respondent Bank under Section 13 (4) of the SARFAESI Act, 2002 without deciding the objections filed by the petitioners under Section 13(3-A) of the SARFAESI Act, 2002. So in view of this law the notice under section 13(4) and the subsequent proceedings are void-ab-initio and the same are liable to be set aside, being illegal and violative of the provisions of the SARFAESI Act, 2002.

iii. That appropriate writ order or direction may very kindly be issued directing respondent Nos. 1 to 3 to deal with the case of the petitioners strictly in accordance with the Instructions issued by the respondent No. 5 with respect to one time settlement, by further directing respondent No. 5 to produce its latest Instructions with respect to one time settlement, since the petitioners are ready and willing to settle the matter on the basis of latest Instructions of RBI for one time settlement, in the interest of law and justice.

2. As regards the first two reliefs, the same are clearly not maintainable in view of the various judgments delivered by the Hon'ble Supreme Court, wherein, it has been held that a proceeding initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the bank, borrower has to avail the remedy under the SARFAESI Act and no writ petition would lie and/or is maintainable and/or entertainable.

3. Reference in this regard can be made to one of the latest judgment of the Hon'ble Supreme Court in Phoenix Arc Private Limited vs. Vishwa Bharati Vidya Mandi and others (2022) 5 SCC 345. It shall be profitable to extract the relevant observations, as contained in paras 8 to 21, which read as under:-

8. It is the case on behalf of the appellant that the writ petiti