Mr. Jayaraj Kodiah v. the Authorized Officer
Case brief
What is this about?
A demand notice under Section 13(2) of the SARFAESI Act is not amenable to challenge by writ petition; the borrower's remedy is to reply to the notice under the statute. Where the petitioner had made part payment and the secured creditor took no further steps, the High Court disposed of the petition granting liberty to avail appropriate remedies if further action is initiated. No proposition of general application beyond this was decided.
What did the court decide?
Liberty granted to petitioner to avail appropriate remedy if the Bank takes any further step in accordance with law; pending IAs closed.