Writ jurisdiction and disputed repayment facts cannot be used to challenge a SARFAESI demand notice.

A writ petition under Articles 226 and 227 was not maintainable where the challenge to a Section 13(2) SARFAESI notice depended on disputed factual questions about repayment, timing, and extent of dues. The High Court held that such issues cannot be tried in writ jurisdiction because the court is not a fact-finding forum, and the borrower must pursue the statutory mechanism and satisfy the bank regarding liquidation of dues. Absent any jurisdictional or vires-based challenge, the notice could not be assailed merely as factually incorrect or on the basis that the bank should have acted differently on the materials produced.

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Issues: Whether a writ petition under Articles 226 and 227 was maintainable to challenge a notice under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002 on disputed questions of fact and alleged factual incorrectness.

Analysis: The dispute raised by the petitioner required an enquiry into whether the outstanding dues had been repaid, when repayment was made, and to what extent. Such factual questions could not be examined in writ jurisdiction, because a writ court cannot be converted into a fact-finding forum. The proper course was for the petitioner to approach the bank and satisfy it regarding liquidation of the dues, and the statutory mechanism under the ordinance could then operate in accordance with law. The challenge also did not succeed on any jurisdictional or vires-based ground, and the notice could not be attacked merely on the basis that it was said to be factually incorrect or that the bank ought to have acted differently on the materials relied upon by the petitioner.

Conclusion: The writ petition was not maintainable on the grounds urged and was liable to fail.

Ratio Decidendi: A writ court will not entertain a challenge to a statutory demand notice that turns on disputed facts requiring factual investigation, and such factual issues must be pursued through the statutory framework rather than in writ jurisdiction.

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