JUDGMENT :

M. Duraiswamy, J.

(Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for all the records relating to the sale notice dated 13.01.2021 issued by the respondent and quash the same.)

1. The petitioner has filed the above Writ Petition to issue a Writ of Certiorari calling for all the records relating to the sale notice dated 13.01.2021 and quash the same.

2. The petitioner, who is the borrower, has filed the above Writ Petition directly under Article 226 of the Constitution of India without exhausting the alternate remedy available to them under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal.

The Honourable Supreme Court in the following judgments held that the writ petition filed by the aggrieved party challenging the proceedings initiated under the SARFAESI Act, is not maintainable.

3. In Authorized Officer, State Bank of Travancore and another Vs. Mathew K.C., reported in (2018) 3 SCC 85, wherein the Hon'ble Supreme Court held as follows:-

“16. The Writ Petition ought to have been entertained and the interim order granted for the mere asking without assigning special reasons, and that too without