SICA abatement and SARFAESI remedies limit writ jurisdiction where statutory recourse remains available.

With the enforcement of the SICA Repeal Act, 2003 and dissolution of the BIFR and AAIFR from 01.12.2016, pending proceedings under SICA stood abated, making further examination of the challenged appellate order of no practical effect. The text also states that a challenge to measures taken under Section 13(4) of the SARFAESI Act, 2002 should be pursued through the statutory remedies under Sections 17 and 18, rather than by invoking Article 226 writ jurisdiction. On that basis, the writ petition was treated as infructuous and not fit for interference.

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Issues: Whether the writ petition was rendered infructuous by the dissolution of the BIFR and AAIFR and the consequent abatement of pending proceedings, and whether interference under Article 226 was warranted despite the availability of statutory remedies under the SARFAESI Act, 2002.

Analysis: The reference and appeal challenged in the writ petition were pending under the Sick Industrial Companies (Special Provisions) Act, 1985. With the enforcement of the Sick Industrial Companies (Special Provisions) Repeal Act, 2003 and the dissolution of the BIFR and AAIFR with effect from 01.12.2016, all pending proceedings under the SICA stood abated. In that situation, examination of the legality of the appellate order would serve no practical purpose. The challenge to the action taken under Section 13(4) of the SARFAESI Act, 2002 was also a matter for the statutory remedy under Sections 17 and 18 of that Act, and not for invocation of writ jurisdiction.

Conclusion: The writ petition was infructuous and not fit for interference under Article 226 of the Constitution of India. The petition failed.

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