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R. SUBRAMANIAN, L. VICTORIA GOWRI
K. C. A. Chidambaram – Appellant
Versus
Manager/authorized Officer, Indian Bank, Sattur Branch, Sattur, Virudhunagar – Respondent
JUDGMENT
(Prayer: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the 1st respondent''s impugned sale notice dated 02.02.2023 and quash the same as illegal and forbearing the 1st respondent Bank, their men, agents proceeding further for sale of the petitioner''s house property.)
R. Subramanian, J.
1. With the consent of both sides, this writ petition is taken up for final hearing at the admission stage itself.
2. Considering the nature of the relief, notice to the private respondent is deemed unnecessary.
3. Learned counsel for the petitioner would make a very magnanimous offer to the effect that the petitioner is ready to pay the entire amount outstanding.
4. Mr.R.Pandivel, learned Standing Counsel appearing for the first respondent – bank would submit that the sale has been held and the sale certificate has also been issued. He would also add that the sale certificate has been challenged before the Debts Recovery Tribunal in S.A.No.86 of 2023, The auction purchaser is also a party to the said proceedings. Therefore, according to the learned Standing Counsel, the writ petition itself is not m
Invoking jurisdiction under Article 226 of the Constitution of India in the circumstances of a pending SARFAESI Application before the Debts Recovery Tribunal would amount to an abuse of process of c....
Failure to comply with the provisions of Section 13(8) of the SARFAESI Act, 2002 and the availability of an alternative remedy before the Debts Recovery Tribunal rendered the writ petition not mainta....
Writ petition under Article 226 not maintainable against SARFAESI sale notice due to alternate remedy under Section 17 before DRT.
The court's intervention due to the absence of a Judicial Member in the Debts Recovery Tribunal and the grant of interim protection to the petitioner based on specific payment conditions.
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....
The main legal point established in the judgment is the maintainability of a writ petition under Article 226 despite the availability of an alternative remedy, based on the peculiar facts of the case....
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....
A writ petition is not maintainable against proceedings or sale notices initiated under the SARFAESI Act, as the aggrieved party must exhaust alternative statutory remedies before the Debt Recovery T....
The High Court will not entertain a writ petition under Article 226 when an effective alternative statutory remedy exists under the SARFAESI Act, especially when the petitioner is already a party to ....
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