📌 Legal Learning | SARFAESI Act & Article 226
Shri Ganpati Jurists
1️⃣ Effective Alternate Remedy:
Writ jurisdiction under Article 226 cannot be invoked when an effective remedy is available under the SARFAESI Act, 2002.
2️⃣ Section 17 – Wide Scope:
The expression “any person” under Section 17 has a wide import.
3️⃣ Who Can File Under Section 17:
The remedy is available to:
Borrowers
Guarantors
Any other person affected by actions under Sections 13(4) or 14
4️⃣ Exhaustion of Remedies Rule:
High Courts ordinarily insist on exhaustion of statutory remedies before entertaining writ petitions.
5️⃣ Greater Rigour in Recovery Matters:
This rule applies with greater strictness in cases involving recovery of public dues or bank/financial institution loans.
6️⃣ Section 14 Proceedings:
Where a financial institution initiates action under Section 14 and possession is ordered (including through a Court Commissioner), the remedy lies under Section 17(1).
7️⃣ Writ Petition Not Maintainable:
In such SARFAESI actions, a writ petition under Article 226 is not maintainable.
— Shri Ganpati Jurists
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