I.P. SUBBAIAH Vs. UNION OF INDIA ORS.

JUDGEMENT

(1.) THESE appeals are preferred being aggrieved by the order passed in Writ Petition No. 6032/2008 dated 21st July 2008. The appellant herein filed the writ petition seeking following reliefs:

(2.) WE have heard Sri. S.V. Bhat, learned counsel appearing for the appellant and Sri. Y.V. Parthasarathy, learned counsel for respondent No. 2, Sri. M. Keshava Reddy, learned Addl. Govt. Advocate for respondent No. 3 and Sri. B.K. Narendra Babu, learned counsel appearing for respondents 5 and 6. On hearing, we cannot find any fault with the order of the learned Single Judge in directing the appellant to file an appeal under Section 18 of the SARFAESI Act as it cannot be considered as not an alternative or efficacious remedy. However, we see that, in the writ petition, appellant had sought for a declaration to declare that Section 14(3) of the SARFAESI Act as unconstitutional and ultra vires. This question has not been addressed to by the learned Single Judge. Therefore, we are of the view that the matter has to be reconsidered by the learned Single Judge as the main contention of the appellant has not been addressed to by the learned Single Judge.