Mahipal Singh v. Branch Manager Authorized Officer
Case brief
What is this about?
WPMS No.777 of 2026, Mahipal Singh v. Branch Manager Authorized Officer and others, decided 01.04.2026 by Pankaj Purohit, J. Writ petition against possession notice dated 12.02.2026 under Section 13(2) of the SARFAESI Act, 2002 dismissed on the ground of alternative statutory remedy: securitization application before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002. Keywords: SARFAESI, Section 13(2), Section 17, alternative remedy, Debts Recovery Tribunal, possession notice, writ petition dismissed.
What did the court decide?
The argument that the remedy against the possession notice issued under Section 13(2) of the SARFAESI Act, 2002 lies in a securitization application before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002 has substance; accordingly the writ petition stands dismissed in view of the statutory remedy available to the petitioner.