THE HON’BLE JUSTICE MOUSHUMI BHATTACHARYA AND THE HON’BLE JUSTICE GADI PRAVEEN KUMAR Mr.P.Ravi Shanker, learned counsel for the petitioners.

ORDER: (Per Hon’ble Justice Moushumi Bhattacharya)

1. The subject matter of the present writ petition is a ‘Vacant Notice’ dated 30.07.2025 issued by the Advocate Commissioner pursuant to the order passed by the learned Senior Civil Judge-

cum-Chief Judicial Magistrate, Rajendranagar on 07.07.2025.

2. Learned counsel appearing for the petitioners submits that the petitioners were issued a Possession Notice by the respondent No.1 under Section 13 (4) of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the SARFAESI Act, 2002) on 03.05.2024.

The petitioners replied to the said notice on 27.05.2024.

3. Learned counsel further submits that the parties have appointed an Arbitrator on their own which resulted an Award in favour of the respondent No.4. The petitioners filed an Arbitration O.P.No.805 of 2015 seeking to set aside of the Award filed under Section 34 of The Arbitration and Conciliation Act, 1996 ( the 1996 Act ) dated 31.03.2015 which was allowed by the XXIV Additional Chief Judge, City Civil Court, Hyderabad.

Thereafter, the respondents have failed to challenge the order passed in Arbitration O.P.No.805 of 2015. According to learned counsel appearing for the petitioners, the Possession Notice and the proceedings initiated by the respondents pursuant to the setting aside of the Award is contrary to law.

4. It is evident from the above facts and the documents on record that the petitioners were served Notice by the respondent No.1 under Section 13 (4) of the SARFAESI Act, 2002 on 03.05.2024. The Award was set aside before the notice was served on 02.04.2024. Hence, there is nothing preventing the petitioners from challenging the Possession Notice dated 03.05.2024 before the competent statutory forum. The statutory forum is the Debts Recovery Tribunal (DRT) under Section 17 (1) of the SARFAESI Act, 2002.

5. The petitioners have admittedly not availed the alternative efficacious statutory remedy which was available to them. The petitioners have instead filed this writ petition after a considerable delay from the Notice of the Possession and on the order passed by the Chief Judicial Magistrate at Rajendranagar in Crl.M.P.No.64 of 2025 on 07.07.2025.

6. More importantly the petitioners have not shown any of the exceptions which would persuade us to invoke the powers under Article 226 of the Constitution of India to interfere where there is efficacious alternative statutory remedy available to the petitioners. The petitioners shall be at liberty to take all points including of the Arbitral Award before the statutory forum. Needless to say, the petitioners shall be at liberty of approaching the statutory forum.

7. W.P.No.23982 of 2025 (wrongly typed as 2023) is accordingly dismissed in terms of the above. All connected applications, if any, shall stand closed. There shall be no order as to costs.

MOUSHUMI BHATTACHARYA, J GADI PRAVEEN KUMAR, J Date:14.08.2025 EDS