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 Tribunal.

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:

ORAL ORDER

Sri.Vinay Kumar, counsel on behalf of Sri.V.B.Ravishankar, for the petitioner and Sri.Narayan Shenoy, counsel for caveator/ respondent have appeared in person.

2. The writ petition is filed seeking following reliefs:

(a) Issue a writ in the nature of certiorari and to quash or the measures initiated under provisions of SARFAESI Act; at Annexure-A.

(b) Issue a writ in the nature of mandamus directing the respondent bank to accept the one time settlement proposal vide Annexure-A.

(c) Issue a writ in the nature of certiorari and quash the Sale Notice dated 19.01.2024 published in Indian Express Daily Kannada newspaper dated 19.01.2024 vide Annexure-A as the same is issued during pendency of application filed before the Debt Recovery Tribunal in SA.No.317/2023 on the file of Debt Recovery Tribunal-I.

(d) To grant such other relief as the Hon'ble Court deems fit to grant in the facts and circumstances of the case.

3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.

4. The petitioner's grievance is about the issuance of the Sale notice. The relief sought by the petitioners cannot be granted under writ jurisdiction. The Apex Court has settled the law in a catena of decisions that a possession notice cannot be challenged by filing a writ petition. The petition is devoid of merits. Accordingly, the writ petition is dismissed.