AMIL TURAKHIA Vs. UNION BANK OF INDIA

JUDGEMENT

(1.) Heard on the question of admission and interim relief. The present petition is filed under Article 226 of the Constitution of India challenging the auction notice dtd. 26/10/2025, which has been issued in pursuant to an order passed under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act, 2002) as well as Recovery of Debts and Bankruptcy Act, 1993 (for short, DRT Act, 1993).

(2.) Learned counsel appearing for respondent No.1 - Union of India raised preliminary objection that the writ petition is not maintainable, as the remedy is available to the petitioner in SARFAESI Act, 2002.

(3.) Per contra, learned counsel for the petitioner argued that the petitioner is neither borrower nor guarantor of the loan amount, therefore, no remedy is available to him. His father had taken loan by mortgaging the title-deeds and therefore, he applied to the Bank for withholding of the loan amount and to discharge the same.