SARFAESI recovery challenge must be pursued before the Debts Recovery Tribunal when that remedy is already pending.

Writ relief against SARFAESI recovery measures was declined where the borrower's challenge and request for regularisation were already pending before the Debts Recovery Tribunal in an interlocutory application. The appropriate course was to pursue the existing tribunal remedy rather than continue parallel writ proceedings. Interim protection granted earlier was continued only for a limited period until the date fixed before the Tribunal, after which the matter was to proceed in that forum.

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Issues: Whether the petitioner was entitled to writ relief against SARFAESI recovery measures, or should be relegated to the Debts Recovery Tribunal where proceedings were already pending.

Analysis: The writ petition arose from steps initiated under the SARFAESI framework, while the petitioner's challenge and request for regularisation were already being pursued before the Debts Recovery Tribunal in a pending interlocutory application. In these circumstances, the appropriate course was for the petitioner to prosecute the pending remedy before the Tribunal rather than continue in writ proceedings. The interim protection granted earlier was directed to continue only for a limited period till the date fixed before the Tribunal.

Conclusion: The petitioner was relegated to the remedy before the Debts Recovery Tribunal, and the writ petition was disposed of with limited continuation of interim protection till 01.02.2024.

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