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TMI Blog2024 (8) TMI 194X X X X Extracts X X X X X X X X Extracts X X X X ..... ernative remedy to approach the DRT by filing an appropriate application which has not been filed. The Apex Court in the case of ICICI Bank Limited and others Vs. Umakanta Mohapatra and others [ 2018 (10) TMI 1953 - SUPREME COURT] has held ' The writ petition, in this case, being not maintainable, obviously, all orders passed must perish, including the impugned order, which is set aside'. Recently, the Apex Court in the case of M/S South Indian Bank Ltd. Ors. Vs. Naveen Mathew Philip Anr. Etc Etc [ 2023 (5) TMI 798 - SUPREME COURT] has deprecated the practice adopted by the High Courts whereby the writ petitions are being entertained in SARFAESI Act matters, especially against the private banks when the statute prescribes a particul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tice under section 13(2) of the Act, 2002 have been issued in sheer non compliance of provisions of SARFAESI Act, 2002. 2. The brief facts of the case are that, the Petitioners availed a Housing Loan of Rs. 20,88,722.00/- in the year 2017 and then with the consent of the Lender - Respondent No.2 sold half of the subject property. The Respondent No.2 financed the purchaser of the half of the subject property. 3. The lender Respondent No.2 has invoked the provisions of the Act, 2002 without jurisdiction, Legislative mandate and legal sanction for the reason that the cut off limit for the invocation of the Act, 2002 is Rs. 20 Lacs and the outstanding amount in the case is Rs.12,85,829/- which does not attract the recovery actions to be invoked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Additional Collector while adjudicating on an application filed under Section 14 of the SARFAESI Act, 2002 as well as the petitioners have an alternative remedy to file the Securitization application under Section 17 before the DRT. In catena of cases, it has been held that where there is an alternative efficacious remedy is present in such cases the High Court shall refrain from exercising its writ jurisdiction. 7. Heard the learned counsel for the parties and perused the record. 8. It is an admitted position that the order under Section 14 has been passed by the Additional Collector and now petitioners being the borrowers has an alternative remedy to approach the DRT by filing an appropriate application which has not been filed. 9. The Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ism cannot be permitted and we strongly deprecate the tendency of the subordinate courts in not applying the settled principles and in passing whimsical orders which necessarily has the effect of granting wrongful and unwarranted relief to one of the parties. It is time that this tendency stops.' 4. The writ petition, in this case, being not maintainable, obviously, all orders passed must perish, including the impugned order, which is set aside. 5. The appeals are allowed in the aforesaid terms. Pending applications, if any shall stand disposed of. ( Emphasis supplied ) 10. Apart from this, the Apex Court in the case of Kalabharti Advertising V. Hemant Vimalnath Narichania and Others (2010) 9 SCC 437 has poignantly held as under : 22. I ..... X X X X Extracts X X X X X X X X Extracts X X X X
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