S. ANITHA Vs. REPCO HOME FINANCE LIMITED

JUDGEMENT

(1.) The petitioner has filed the above Writ Petition to issue a Writ of certiorari to call for the records in connection with the Tender-cum Auction Sale Notice dtd. 30/1/2019 issued by the respondent and to quash the same.

(2.) By the Auction Sale Notice dtd. 30/1/2019, the respondent - Bank called for tender for the sale of the property to be held today (i.e.) 20/2/2019 at 11.00 a.m. By the time this Writ Petition was taken up for hearing, the Tender-cum-Auction would have got over. That apart, the petitioner has filed the Writ Petition without challenging the Tender-cum- Auction Sale Notice dtd. 30/1/2019 before the Debts Recovery Tribunal. When the petitioner has got alternate remedy by way of an appeal under Sec. 17 of the SARFAESI Act, the Writ Petition cannot be entertained.

(3.) 1. The Hon'ble Supreme Court of India, in the judgments reported in 2018 (3) SCC 85 [Authorized Officer, State Bank of Travancore and another v. Mathew K.C.] and 2018 (1) SCC 626 [Agarwal Tracom Private Limited v. Punjab National Bank and others] held that the aggrieved parties cannot challenge the SARFAESI proceedings directly by filing a Writ Petition under Article 226 of the Constitution of India without exhausting the appeal remedy available to them.