KANU BARUA Vs. KOTAK MAHINDRA BANK LIMITED

JUDGEMENT

(1.) No one has appeared on behalf of the petitioner.

(2.) The petitioner, who is borrower/guarantor, has approached this Court challenging order dtd. 19/11/2024 (Annexure P-13) issued u/s 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short SARFAESI Act), on various grounds.

(3.) The Apex Court has consistently held that High Courts should refrain from interfering under Article 226 of the Constitution in SARFAESI proceedings. The SARFAESI Act, 2002 is a complete code which not only provides for a detailed recovery mechanism but also remedies before the Debts Recovery Tribunal (DRT) and thereafter, Debts Recovery Appellate Tribunal (DRAT).