Case Note & Summary
The petitioner, M/s. Cholamandalam Investment and Finance Company Limited, represented by its authorized officer, filed a writ petition under Article 226 of the Constitution of India before the Madurai Bench of the Madras High Court. The petitioner sought a writ of mandamus directing the first respondent, the Debts Recovery Tribunal (DRT), Madurai, to hear and dispose of Securitization Application No. 341/2024 filed by the second respondent under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), as expeditiously as possible, within a time frame to be fixed by the Court. The writ petition was taken up for final disposal at the admission stage by consent of both sides. The Court, comprising Justice M.S. Ramesh and Justice A.D. Maria Clete, observed that an effective remedy lies before the DRT itself, and therefore, invoking the writ jurisdiction under Article 226 was not permissible. Consequently, the writ petition was dismissed, granting liberty to the petitioner to pursue its remedies in accordance with law. No order as to costs was made.
Headnote
A) Constitutional Law - Writ Jurisdiction - Alternative Remedy - Article 226 of the Constitution of India - The High Court held that since an effective remedy lies before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act, 2002, invoking the writ jurisdiction under Article 226 is not permissible. The writ petition was dismissed with liberty to the petitioner to work out remedies in accordance with law. (Paras 2-3)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable to direct the Debts Recovery Tribunal to expeditiously dispose of a Securitization Application under Section 17 of the SARFAESI Act, 2002, when an effective alternative remedy lies before the same Tribunal.
Final Decision
Writ petition dismissed with liberty to petitioner to work out remedies in accordance with law. No order as to costs.
Law Points
- Alternative remedy
- Writ jurisdiction under Article 226 not maintainable when effective alternative remedy exists
- SARFAESI Act Section 17 remedy before DRT
