Alternative Statutory Remedy Limits Writ Jurisdiction When a statutory appeal exists under SARFAESI, writ relief is ordinarily declined.

A writ petition under Articles 226 and 227 is ordinarily not maintainable where an effective statutory appellate remedy exists under the SARFAESI Act. The availability of an alternative remedy operates as a rule of self-imposed restraint in writ jurisdiction, and the statutory forum should generally be exhausted first. The High Court may interfere only in exceptional cases such as violation of natural justice, jurisdictional defect, or other recognised grounds. Here, the petitioners had a specific appellate remedy and also raised disputed questions of fact, which made writ intervention inappropriate. The petition was therefore held not maintainable and interference was declined.

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Issues: Whether the writ petition under Articles 226 and 227 of the Constitution of India was maintainable when an alternative statutory remedy of appeal was available against the order passed under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Analysis: The availability of an efficacious alternative remedy is a rule of self-imposed restraint in writ jurisdiction. Where a statute provides a complete machinery for redressal, the party is ordinarily required to exhaust that remedy before invoking writ jurisdiction. Interference may be justified only in exceptional situations such as violation of natural justice, jurisdictional defect, or other recognized exceptional grounds. In the present matter, the petitioners had a statutory appellate remedy against the impugned order and also sought to raise disputed questions of fact, which further militated against exercise of writ jurisdiction.

Conclusion: The writ petition was not maintainable in view of the alternative remedy, and interference under Articles 226 and 227 was declined.

Ratio Decidendi: A writ petition should ordinarily not be entertained when an effective statutory appellate remedy is available, unless exceptional circumstances justify bypassing the statutory forum.

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