The judgment establishes the principle that the availability of an alternative statutory remedy under the SARFAESI Act, 2002 precludes the entertainment of a writ petition.

1. Learned counsel for the petitioners is permitted to remove Defect Nos. 2 to 7 and 11 to 16, as pointed out by the office, in course of the day.

2. At the request of learned counsel for the petitioners, the remaining defects are ignored.

3. The present writ petition has been filed for quashing the notices dated 03.10.2018 and 11.12.2018 u/s 13(2) and 13(8) of the Securitization of Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short SARFAESI Act, 2002) respectively on the ground that they are the bona-fide purchaser of the flats in the building constructed on the mortgaged property.

4. The factual background of the case as stated in the writ petition is that the petitioners have purchased flats in the first floor and ground floor, respectively, of the building constructed over a piece of land situated in mouza-Mango, Jamshedpur through registered sale deed nos. 3348 & 3347, both, dated 03.10.2017 from one Sumit Kumar. The respondent-bank had granted various credit facilities by way of financial assistance to the seller of the property, namely, Sumit Kumar (the borrower) and when the account of the borrower got irregular, the same was declared NPA on 29.09.2018. The respondent no. 3 vide legal notice dated 11.04.2018 instructed the petitioner no. 1 to cancel the sale deed which was replied by her stating that the said property was sold by the borrower keeping her in dark for which a criminal case has also been instituted. Thereafter, a notice u/s 13(2) of the SARFAESI Act, 2002 was issued on 03.10.2018 in the name of borrower directing him to repay the dues of Rs. 21,70,924/- together with suitable interest and the same was pasted at the residential property of the petitioners. On 15.10.2018 the husband of the petitioner no. 1 objected the notice dated 03.10.2018 through pleader’s notice however without deciding the said objections, a notice dated 11.12.2018 purportedly issued under Section 13(8) of the SARFAESI Act, 2002 was pasted on the residence of the petitioners on 13.12.2018. Hence, the present writ petition.

5. Heard the learned counsel for the petitioners and the learned A.C. to S.C. V appearing for the State of Jharkhand as well as perused the materials available on record. The petitioners have put challenge to the notices dated 03.10.2018 and 11.12.2018 under section 13(2) and 13(8) of the SARFAESI Act, 2002 respectively contending that they are the bona-fide purchaser of the flat standing on the mortgaged property. The petitioners, however, have not annexed the notice dated 11.12.2018 with the writ petition. The learned counsel for the State has challenged the maintainability of the present writ petition on the ground that the petitioner has an efficacious alternative remedy available before the Debt Recovery Tribunal, Ranchi.

6. To appreciate the contention of the learned counsel for the parties, it would be appropriate to go through the provisions of Section 17 of the SARFAESI Act, 2002, which are reproduced herein-below:-

“17. Application against measures to recover secured debts - (1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter, may make an application alongwith such fee, as may be prescribed to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken:

PROVIDED that different fees may be prescribed for making the application by the borrower and the person other than the borrower.

Explanation - For the removal of doubts it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an application to the Debts