ABDUL KHADER Vs. SADATH ALI SIDDIQUI & ANOTHER

JUDGEMENT

(1.) The captioned appeal is filed by the petitioner to the writ petition assailing the correctness of the order dtd. 17/9/2021 passed by the learned Single Judge in W.P.No.3628/2021.

(2.) The appellant herein approached the writ court questioning the order dtd. 5/12/2019 passed by the authority under the provisions of Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short 'the SARFAESI Act'). The writ petition was strongly contested by the respondent No.2/Bank by specifically contending that the appellant has an alternate and equally efficacious remedy under Sec. 17 of the SARFAESI Act. The learned Single Judge having examined the rival contentions disposed of the writ petition reserving liberty to the petitioner to avail alternative remedy under Sec. 17 of the SARFAESI Act.

(3.) Learned counsel appearing for the appellant reiterating the grounds urged in the writ appeal would vehemently argue and contend before this Court that what was challenged before the learned Single Judge was an order passed under Sec. 14 of the SARFAESI Act which is not amenable to the jurisdiction of the Debt Recovery Tribunal under Sec. 17 of the SARFAESI Act. Placing reliance on sub-clause (3) of Sec. 14 of the SARFAESI Act, he would submit to this Court that the appellant has no remedy of an appeal and therefore, has rightly invoked the writ jurisdiction and this aspect is not dealt by the learned Single Judge.