Writ petitions against SARFAESI proceedings are not maintainable when an alternative remedy exists.

P.V. BALAKRISHNAN, J.

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W.P.(C)No. 44072 of 2025 ….........................................................

Dated this the 11^th day of March 2026 JUDGMENT It is aggrieved by the coercive steps taken by the respondent bank under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’ for short), this writ petition has been preferred by the petitioner.

2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondents 1 and 2.

3. The learned counsel for the respondent bank vehemently opposed the granting of the reliefs to the petitioner since she has an efficacious alternative remedy before the DRT. He further submitted that the petitioner has also not complied with the interim order passed by this Court.

4. I find considerable force in the submissions made by the learned counsel for the respondent-bank. The Honourable Apex Court in a catena of decisions including the decisions in Phoenix ARC Pvt. Ltd. v. Vishwa Bharati Vidya Mandir and Others [2022 KHC OnLine 6040], South Indian Bank Ltd. (M/s.) v. Naveen Mathew Philip [2023 KHC OnLine 6435] and PHR Invent Educational Society v. UCO Bank [2024 KHC OnLine 6208], have categorically held that writ petitions against SARFAESI proceedings must not be entertained since the aggrieved persons have an alternative and efficacious remedy before the DRT. That apart, the petitioner has also failed to comply with the interim order dated 08.12.2025 passed by this Court, till date.

In such circumstances, this writ petition is dismissed without prejudice to the contentions and right of the petitioner to avail the statutory remedy.

Sd/-