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T. AMARNATH GOUD, BISWAJIT PALIT
Purabi Debbarma (Ghosh) – Appellant
Versus
Mantosh Deb – Respondent
JUDGMENT & ORDER (ORAL)
T. Amarnath Goud, J. - Heard Ms. K. Samajpaty, learned counsel appearing for the appellants. Also heard Mr. DR Chowdhury, learned senior counsel assisted by Mr. D. Deb, learned counsel appearing for the private respondent No.1.
2. This present writ appeal has been filed under Rule 2 (iii) of Chapter-V and Rule-R Sub-Rule-17 of Chapter VIII of the High Court of Tripura Rules, 2023 read with Article 226 of the Constitution of India against the judgment and order dated 02.02.2021 passed by the learned Single Judge in W.P.(C) No.154 of 2020.
3. The brief fact of this case is that the husband of the appellant no.1 and father of appellants no. 2 & 3, namely, Biswajit Ghosh (deceased) was a government contractor, who took loan from Tripura Gramin Bank for enhancement of his business and after making good payment in the loan account, became defaulter due to non-disbursement of the bill towards work order by the State Government of Tripura. Tripura Gramin Bank initiated proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act for short) against the husband of the appellant no.1 for which he
The sale certificate under the SARFAESI Act is sufficient for title transfer, negating the need for further registration, and the High Court should not intervene in SARFAESI proceedings when alternat....
The SARFAESI Act mandates exhausting statutory remedies before seeking extraordinary relief under Article 226; procedural compliance is essential, and the auction process cannot be set aside absent s....
The court upheld the dismissal of a writ petition due to the availability of an alternative remedy under the Recovery of Debts and Bankruptcy Act, emphasizing the need for statutory compliance in auc....
(1) Writ Petition – High Court will ordinarily not entertain a petition under Article 226 of Constitution if an effective remedy is available to aggrieved person.(2) Auction sale of secured asset – S....
SARFAESI--Auction Sale--Confirmation of sale of secured assets by bank-- Writ Petition against such an action of Bank is not maintainable
The court held that when a statute provides specific remedies, writ jurisdiction under Article 226 should not be exercised, affirming the precedence of statutory procedures over equitable remedies.
The court reinforced that compliance with statutory notice requirements and fair valuation is essential in property auctions under the SARFAESI Act to protect borrower rights.
The borrower's right of redemption is extinguished upon the publication of the auction notice, allowing the auction purchaser to claim possession.
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