Smt. Kalavacharla Venkata Jagadeswari Vs The General Manager, State Bank of India

THE HON’BLE SRI JUSTICE K.C. BHANU AND THE HON’BLE MRS JUSTICE ANIS

WRIT PETITION No.26141 OF 2013

ORDER:(per Hon’ble Sri Justice K.C.Bhanu)

This Writ Petition, under Article 226 of the Constitution of India, is filed to declare the action of respondent No.3 in issuing Sale Notice, dated 13.05.2013 without considering the representations of the petitioners, dated 25.03.2013 and 03.04.2013 to settle the loan account as illegal and arbitrary and consequently set aside the Sale Notice, dated 13.05.2013 issued by the 3^rd respondent.

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2. Heard both sides.

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3. An effective alternative remedy of making an application as contemplated under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, ‘SARFAESI Act’) is available to the petitioners. 4. No doubt, availing of statutory alternative remedy is not a bar for invoking the jurisdiction of this Court under Article 226 of the Constitution of India. But, at the same time, the petitioners must show that their case falls under any of the three grounds as contemplated by the Hon’ble Supreme Court in Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai and others^[1] viz., violation of principles of natural justice, violation of fundamental rights and the authority, which issued the proceedings lacks jurisdiction. But, the case of the petitioners does not fall under any one of the three grounds as mentioned above.

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5. Therefore, the Writ Petition is dismissed giving liberty to the

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petitioners to file an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal, which is having jurisdiction. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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_______________________ JUSTICE K.C. BHANU

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___________ JUSTICE ANIS

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Date:23.09.2014 INL

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[1] (1988) 8 SCC 1

Smt. Kalavacharla Venkata Jagadeswari v. The General Manager, State Bank of India

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Smt. Kalavacharla Venkata Jagadeswari v. The General Manager, State Bank of India

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