Mir Mosaraf Hosen and Anr. v. Union of India and Ors.
Case brief
What is this about?
Single-judge writ petition (WPA 5182 of 2026, decided 11.03.2026) by loan borrowers Mir Mosaraf Hosen and anr. against the Union of India and ors., contesting concurrent recovery proceedings by the respondent bank under Section 13(2) SARFAESI Act, 2002 and Section 138 Negotiable Instruments Act, 1881 for a defaulted loan of Rs. 15,00,000/-. Key phrases: parallel proceedings barred by law; choice of one remedy; different, distinct and separable remedies; admitted defaulter; no equity; repayment of public funds. Outcome: writ petition dismissed; no relief; no monetary award. No precedents cited.
What did the court decide?
The proceedings under Section 13(2) of SARFAESI and under Section 138 of the Negotiable Instruments Act, 1881 are different, distinct and separable remedies available to the respondent bank; consequently, the petitioner's contention that parallel proceedings are barred and that the bank must elect only one proceeding does not prevail.