Alternative statutory remedy bars writ challenge to SARFAESI notices under Article 226 in bank recovery matters.

Writ petitions challenging notices and measures under Sections 13(2) and 13(4) of the SARFAESI Act were held not maintainable because an efficacious statutory remedy was available before the Debts Recovery Tribunal. The Court applied the settled rule that Article 226 jurisdiction is ordinarily not exercised where the Act provides a complete remedial mechanism, especially in recovery proceedings by banks and financial institutions. It also noted that RBI-related grievances could be addressed within the statutory process. The petitions were dismissed, leaving the petitioners to pursue the statutory remedy under the SARFAESI framework.

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Issues: (i) Whether writ petitions challenging notices issued under Section 13(2) or Section 13(4) of the SARFAESI Act, 2002 were maintainable in view of the alternative statutory remedy under the Act.

Analysis: The petitions were directed against measures initiated by secured creditors under the SARFAESI regime. The existence of a complete statutory mechanism, including recourse before the Debts Recovery Tribunal, weighed against exercise of writ jurisdiction. The Court also noted that RBI-related grievances could be examined in the statutory process and that the settled law discourages interference under Article 226 where an efficacious alternative remedy is available, particularly in matters concerning recovery by banks and financial institutions.

Conclusion: The writ petitions were held to be not maintainable and the challenge to the SARFAESI notices was rejected.

Final Conclusion: The Court declined to exercise writ jurisdiction and dismissed the petitions on the ground that the petitioners must pursue the statutory remedy under the SARFAESI Act, 2002.

Ratio Decidendi: Where an efficacious statutory remedy is available under the SARFAESI Act, 2002, the High Court will ordinarily not entertain a writ petition under Article 226 challenging measures taken under Section 13(2) or Section 13(4) of the Act.

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