Trisha Saxena v. Union of India and 2 Others
Case brief
What is this about?
Allahabad High Court writ petition (WRIT - C No. 17642 of 2026, decided 06.05.2026) under Article 226 challenging notice dated 30.02.2026 and possession allegedly taken on notice issued by Advocate Commissioner instead of the bank; petitioner already had pending Securitization Application under Section 17 SARFAESI Act, 2002 before DRT; writ jurisdiction declined on ground of pending tribunal proceedings; petitioner relegated to DRT with liberty to press illegal-possession grievance via interim application, Tribunal to decide within four weeks of certified copy; petition consigned to records. Keywords: SARFAESI, Section 17, Securitization Application, Advocate Commissioner, illegal possession, Debts Recovery Tribunal, alternative remedy, Trisha Saxena v. Union of India.
What did the court decide?
Liberty to the petitioner to apply before the Debts Recovery Tribunal for action against the bank for taking illegal possession, with a direction that the Tribunal consider such application and pass appropriate orders within four weeks of presentation of a certified copy of the order; subject to this liberty, the petition was consigned to records.