Exhaustion of Statutory Remedies Essential Before Invoking Article 226 for Loan Disputes: Allahabad High Court - 2026-06-09

Courts Assert Self-Restraint: Why Borrowers Cannot Bypass the DRT for Loan Disputes

In a significant ruling, the Allahabad High Court has reinforced the judicial doctrine of "self-imposed restraint," emphasizing that litigants must exhaust statutory remedies before seeking relief under Article 226 of the Constitution. The Lucknow Bench, comprising Hon’ble Shekhar B. Saraf and Hon’ble Abdhesh Kumar Chaudhary, JJ., underscored that the Debts Recovery Tribunal (DRT) serves as the primary forum for resolving complex banking disputes, particularly those arising under the SARFAESI Act, 2002.

A Dispute Over Deeds and Debts

The petitioners, a partnership firm engaged in business with Canara Bank, found themselves in a protracted legal struggle following a loan default. While the petitioners moved the DRT for relief after the bank initiated proceedings to auction their mortgaged property, the matter turned into a broader conflict involving the return of property title deeds.

The petitioners claimed that a settlement reached through the DRT, involving a payment of Rs. 71.50 lakh, effectively extinguished all liabilities. Citing Reserve Bank of India (RBI) circulars, the borrowers argued that upon the settlement of a loan, the bank is legally obligated to return original title documents within a specified timeframe. Canara Bank, however, contested this, maintaining that the settlement only applied to one portion of the total credit exposure and that other loan accounts remained active and in default.

Tug-of-War: Arguments on Jurisdiction

The petitioners urged the High Court to intervene, arguing that their claim for the return of title deeds post-settlement fell under general legal principles rather than the specific provisions of the SARFAESI Act, and thus, was not a matter for the DRT.

Conversely, counsel for Canara Bank highlighted that the factual complexity—specifically regarding which loan accounts were covered by the settlement and whether the DRT had the authority to unilaterally extend payment timelines—rendered the writ petition inappropriate. The bank noted that it had already challenged the DRT's extension of payment orders, with appeals currently pending before the Debt Recovery Appellate Tribunal (DRAT).

The Principle of Statutory Exhaustion

In its analysis, the Court looked to well-established precedents to guide its decision. Relying heavily on the Supreme Court’s ruling in United Bank of India v. Satyawati Tondon and the more recent Celir LLP v. Bafna Motors , the Bench reiterated that the SARFAESI and RDBFI Acts constitute a comprehensive "code unto themselves."

The Court reasoned that when a statute provides a specialized, quasi-judicial mechanism like the DRT, the High Court should not bypass these forums, especially when the case involves disputed questions of fact that demand a deep dive into bank records and accounting nuances.

Key Observations

The judgment clarifies the judiciary's stance on premature petitions. The Court noted:

• "The High Court must insist that before availing remedy under Article 226 of the Constitution, a person must exhaust the remedies available under the relevant statute."
• "We are clear in our mind that this Court, while exercising its jurisdiction under Article 226 of the Constitution of India, does not wish to enter into any disputed questions of fact."
• "The DRT is well equipped and sufficiently empowered to pass directions to the Bank for release of the title documents, in that regard."

The Path Forward: Back to the Tribunal

Ultimately, the High Court declined to grant the relief sought, instead directing the petitioners to approach the DRT. By dismissing the writ petition, the Bench preserved the integrity of the statutory recovery process, ensuring that the DRT remains the first port of call for the adjudication of banking disputes.

For borrowers, this case serves as a crucial reminder: even as legal battles over loan settlements and property rights intensify, the procedural ladder must be climbed step-by-step. Bypassing the DRT in favor of the High Court, without exhausting alternative pathways, is a strategy the courts are increasingly unwilling to accommodate.