Alternative statutory remedy under SARFAESI can limit writ relief, while short equitable protection may preserve auction challenges.

A writ challenge to SARFAESI enforcement measures was assessed against the availability of an alternative statutory remedy before the Debts Recovery Tribunal. The text notes that, where such a remedy exists, writ intervention may be declined, but limited equitable protection can still be granted when auction of the secured asset is imminent. It records a short abeyance of the auction to preserve the petitioners' ability to pursue the statutory forum, subject to payment of auction-related advertisement expenses.

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Issues: Whether the writ petition should be entertained in view of the petitioners' statutory remedy before the Debts Recovery Tribunal and whether interim protection against the auction of the secured assets was warranted.

Analysis: The petition challenged the measures taken under the SARFAESI framework, including the District Magistrate's order under Section 14 and the Bank's steps for taking possession of the secured assets. The Court noted that the petitioners had an alternative statutory remedy before the Debts Recovery Tribunal. At the same time, since the property was scheduled for auction imminently, the Court balanced equities by granting a short protection period to enable the petitioners to avail the available remedy, while directing payment of the advertisement expenses incurred for the auction process.

Conclusion: The writ petition was disposed of with limited interim protection by keeping the auction in abeyance for one month to enable the petitioners to pursue their statutory remedy, subject to deposit of the auction-related advertisement expenses.

Ratio Decidendi: Where an effective statutory remedy is available against SARFAESI measures, writ relief may be declined, but short equitable protection can be granted to preserve the remedy when immediate auction is imminent.

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