Domestic Violence Act cannot block SARFAESI recovery when the secured creditor acts under lawful enforcement measures.

A writ petition seeking to restrain a secured creditor from proceeding under the SARFAESI Act by relying on the Protection of Women from Domestic Violence Act was held not maintainable. The Court found that the bank had acted under lawful SARFAESI measures, including action under section 14, and that no legal or factual basis was shown to interfere with the statutory recovery process. The attempt to invoke the Domestic Violence Act to block enforcement against property already taken in possession was treated as an effort to stall lawful recovery, and the petition was dismissed with costs.

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Issues: Whether the writ petition seeking to restrain the secured creditor from proceeding under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 could be entertained by invoking the Protection of Women from Domestic Violence Act, 2005.

Analysis: The petition attempted to use the Protection of Women from Domestic Violence Act, 2005, including its definition clause and sections 17, 19 and 27, to prevent the secured creditor from proceeding against a property already taken into possession under the SARFAESI framework. The Court found that the respondent bank had acted pursuant to lawful orders, including steps taken under section 14 of the SARFAESI Act, 2002, and that no relevant law or fact had been shown to justify interference with the statutory recovery process. The plea was characterised as an attempt to stall lawful enforcement of the bank's rights.

Conclusion: The writ petition was not maintainable on the asserted basis and was dismissed with costs.

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