The High Court dismissed the writ petition challenging SARFAESI Act proceedings, holding that Section 17 provides an alternative forum at the DRT. Liberty was granted to approach the tribunal.
Liberty granted to apply before the Debt Recovery Tribunal; writ petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
THURSDAY, THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWELVE
PRESENT
THE HON'BLE ACTING CHIEF JUSTICE PINAKI CHANDRA GHOSE AND
THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR
WRIT PETITION No.33724 of 2012
BETWEEN
Smt. Sodagudi Mary Deevena.
…PETITIONER
AND
The Authorized Officer, Syndicate Bank, Vijayawada, Krishna District and two others.
…RESPONDENTS
Counsel for the Petitioner: MR. G.L. NAGESWARA RAO
Counsel for the Respondents: MR. A. KRISHNAM RAJU
The Court made the following:
ORDER: (Per Hon’ble Sri Pinaki Chandra Ghose, the Acting Chief Justice)
This writ petition is directed against the proceedings initiated under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, by the respondent bank.
2. Section 17 of the SARFAESI Act provides a forum for adjudication of claim of any person challenging any of the security measures taken by the
secured creditor and the said forum is provided before the Debts Recovery Tribunal. In view of that, it is not necessary for us to pass any order in this petition. However, liberty is granted to the petitioner to apply before the tribunal.
Subject to the aforesaid liberty, the writ petition is dismissed. As a sequel, the miscellaneous applications, if any, shall stand closed. In the circumstances, there shall be no order as to costs.
_________________________ PINAKI CHANDRA GHOSE, ACJ
_____________________ VILAS V. AFZULPURKAR, J
November 8, 2012 DSK
1 issue framed by the court
Whether the writ petition challenging SARFAESI proceedings can be entertained when a dedicated adjudicatory forum exists under Section 17.
Colour shows how this judgement treated each authority
None citedReferred
2 provisions across 1 enactments
Smt. Sodagudi Mary Deevena
The Authorized Officer, Syndicate Bank, Vijayawada, Krishna District
Two others
Pinaki Chandra Ghose
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
