Classification of an account as NPA under SARFAESI Act is not subject to judicial review and requires the borrower to seek recourse through statutory appeal under Section 17.

1. By this intra court appeal, under S.2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaya Peeth Ko Appeal) Adhiniyam, 2005, the appellant (original petitioner) is assailing the order dated 3.11.2015, passed by the writ court in W.P. No. 5311/2015, whereby the learned writ court considering the fact that bank has taken action against the borrower and also taken a symbolic possession of the collateral security and a notice under S.13(2) of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter SARFAESI Act, 2002) and thereafter, bank has taken action under S.13(4) of the SARFAESI Act, 2002, no case for interference is made out as the appellant do have a remedy of approaching before the Debts Recovery Tribunal (hereinafter referred as DRT) under S.17 of the Act of 2002, dismissed the writ petition with a liberty to approach the DRT.

2. The writ petition filed by the appellant / petitioner under Art.226 and Art.227 of the Constitution, the appellant had claimed the following relief:
7.1 That a writ, direction or order in the nature of Mandamus or any other writ which this Hon'ble Court may deem it fit be issued calling for the record pertaining to this matter from the respondents for the kind perusal of this Hon'ble Court.
7.2 That a writ, direction or order in the nature of Mandamus or any other writ which this Hon'ble Court may deem fit be issued thereby quashing and setting aside the impugned action of the Respondent No. 1 classifying the Account of the petitioner as NPA with effect from 28.12.2015 and action taken pursuant thereto being contrary and in gross violation of RBI circular and SARFAESI Act.
7.3 That a writ, direction or order in the nature of Mandamus or any other writ which this Hon'ble Court may deem fit be issued thereby quashing and setting aside the impugned notice / order dated 13.01.2015 passed by Respondent No. 1 classifying the petitioner's account SMA - II.
7.4 That a writ, direction or order in the nature of Mandamus or any other writ which this Hon'ble Court may deem fit be issued thereby quashing & setting aside the impugned notice / order dated 26.5.2015 (Annexure P / 11) passed by Respondent No. 1 which is issued in pursuant to the classification of petitioner's Account NPA.
7.5 That a writ, direction or order in the nature of Mandamus or any other writ which this Hon'ble Court may deem fit be issued to the Respondent to decide the representation / objection of the petitioner dated 22.7.2015 objectively after availing proper opportunity of hearing to the petitioner before proceeding further in the matter.
7.6 That a writ, direction or order in the nature of Mandamus or any other writ which this Hon'ble Court may deem fit be issued directing respondents not to take any coercive steps against the petitioner, further to give an opportunity of hearing before passing any order / proceedings further against the petitioner.
7.7 This petition be allowed with costs.
7.8 Any other or further relief which this Hon'ble Court deems fit be also granted.

3. The appellant applied to the respondents for fund based and non - fund based credit facilities against the security of hypothecation of tippers and mortgage of immovable property for purchase of 20 tippers. First disbursement of part term loan I of Rs. 12,00,00,000/- (Rs. Twelve Crores only). The credit facility was enhanced from time to time. On 20.10.2014, the respondent - Bank issued fresh sanction, accepting the request of appellant for enhancing credit facility providing for credit facility / s