S.JEYAPAL Vs. AUTHORISED OFFICER

JUDGEMENT

(1.) The petitioner has filed the above writ petition to declare the action initiated by the first respondent under the SARFAESI Act starting with the demand notice, dtd. 10/7/2015 ending with the sale notice, dtd. 11/1/2019 in respect of the property, more particularly stated in the demand notice, dtd. 10/7/2015 and consequently to quash the sale notice, dtd. 12/10/2018 and the sale held on 31/10/2018, sale certificate issued and registered on 12/12/2018 in respect of item No.1 of the property and the sale held on 31/1/2019 in respect of item No.2.

(2.) The petitioner has virtually challenged all the proceedings initiated under the SARFAESI Act in this Writ Petition. It is settled law that the aggrieved party in respect of the proceedings initiated under the SARFAESI Act has to file an appeal under Sec. 17 of the SARFAESI Act before the Debts Recovery Tribunal. In the case on hand, the petitioner has filed the writ petition challenging the demand notice, sale notice, the sale and also the sale certificate.

(3.) The Honourable Supreme Court in the following judgments held that the aggrieved party, in respect of the proceedings initiated under the SARFAESI Act, must file an appeal before the Debts Recovery Tribunal under Sec. 17 of the SARFAESI Act and the writ petition filed challenging the proceedings initiated under the SARFAESI Act, is not maintainable.