Reena And Another v. Can Fin Home Ltd And Another



 

  
      


  
 



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 6+ The petitioners-borrowers are before this Court assailing impugned notice dated 31.01.2022 issued u/s 13 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'SARFAESI Act') (Annexure P-3) and recourses taken by the respondent/Financial Institution u/s 13(4) of the SARFAESI Act, vide impugned notice dated 10.11.2022 (Annexure P-4), respectively.

2.

Learned counsel for the petitioners is unable to satisfy this court as to what are the special circumstances, wherein, writ jurisdiction can be invoked despite availability of alternative statutory remedy u/s 17 of the SARFAESI Act.

PREETI 2025.10.28 17:25 I attest to the accuracy and integrity of this document



 

In view of above, petitioners/borrowers are relegated to avail the appropriate statutory remedy under the SARFAESI Act before the DRT and thereafter before DRAT. In case the petitioners prefer an application under Section 17 of SARFAESI Act within a period of 30 days from today along with copy of this order, the same shall be considered and decided on its own merits, without being dismissed on limitation alone.

4.

Accordingly, the writ petition stands disposed of with aforesaid liberty without commenting on merits, without cost.

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      PREETI 2025.10.28 17:25 I attest to the accuracy and integrity of this document