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G. S. SANDHAWALIA, HARPREET KAUR JEEWAN
Devinder Kaur – Appellant
Versus
Indian Bank – Respondent
| Table of Content |
|---|
| 1. possession notice details and outstanding amount. (Para 1) |
| 2. alternative remedies available via debt recovery tribunal. (Para 2 , 3) |
| 3. high courts must respect statutory remedies. (Para 4 , 5 , 6) |
| 4. petitioner directed to seek recourse to drt. (Para 7) |
| 5. writ petition dismissed, alternative remedy upheld. (Para 8) |
JUDGMENT
G.S. Sandhawalia, J. (Oral) - Challenge has been raised in the present writ petition, filed under Article 226/227 of the Constitution of India is to the possession notice issued under Rules 6(2) & 8(6) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the outstanding is Rs.96,39,482/- as per the notice dated 14.02.2023 (Annexure P-6).
2. In our considered opinion, there is an alternative and efficacious remedy available to the petitioner to approach the Debt Recovery Tribunal.
3. Keeping in view the above, we are of the considered opinion that it is not for the Writ Court to exercise its extra-ordinary writ jurisdiction under Articles 226/227 of the Constitution of India, in view of the huge outstanding as the bank is only seeking to recover the same, especially keeping in view the law
Exhaustion of alternative remedies before approaching the High Court under Article 226 of the Constitution, as emphasized by the provisions of the SARFAESI Act and supported by relevant Supreme Court....
Writ jurisdiction under Article 226 should not be exercised when an effective alternative remedy exists under statutory provisions, thereby emphasizing self-restraint by High Courts in recovery matte....
The main legal point established is that when an alternate remedy is provided under a statute, the court may decline to entertain a writ petition under Article 226 of the Constitution of India.
The High Court should not entertain a writ petition under Article 226 if an effective remedy exists under the SARFAESI Act, emphasizing the importance of exhausting statutory remedies.
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