V.K.TAHILRAMANI, M.DURAISWAMY
G. Tirumalvalavan – Appellant
Versus
Authorized Officer and Chief Manager, Indian Bank, Guindy Branch – Respondent
ORDER :
M. DURAISWAMY, J.
1. Since the petitioners have challenged the impugned sale notice dated 25.02.2015 in both the Writ Petitions, the Writ Petitions are disposed of by this common order.
2. The petitioners have filed the above Writ Petition to issue a Writ of certiorari to call for the records pertaining to the impugned sale notice dated 25.02.2015 issued by the 1st respondent and to quash the same.
3. The petitioners have challenged the sale notice dated 25.02.2015 without exhausting the alternative remedy available to them under Section 17 of the SARFAESI Act.
4.1. The Hon'ble Supreme Court of India, in the judgments reported in 2018 (3) Supreme Court Cases 85 [Authorized Officer, State Bank of Travancore and another Vs. Mathew K.C.] and 2018 (1) Supreme Court Cases 626 [Agarwal Tracom Private Limited Vs. Punjab National Bank and others] held that the aggrieved parties cannot challenge the SARFAESI proceedings directly by filing a Writ Petition under Article 226 of the Constitution of India without exhausting the appeal remedy available to them.
4.2. In a recent decision of the Supreme Court dated 05.10.2018 in ICICI Bank Limited v. Umakanta Mohapatra, Civil Appeal Nos.10251 – 1
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