Patna High Court

Punam KumariversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: A ABHISHEK REDDY

Holding

The writ petition is not maintainable because the petitioner can avail the specific remedy under Section 17 of the SARFAESI Act.

Summary

Petitioner Punam Kumari filed a writ petition challenging a notice issued by Cholamandalam Investment and Finance Company under Section 13(2) of the SARFAESI Act. The petitioner sought relief from the High Court, alleging violation of her rights. The Court observed that the petitioner has an alternative and efficacious remedy by filing an application under Section 17 of the SARFAESI Act before the Debt Recovery Tribunal. Since this specific statutory remedy is available, the Court held that the writ petition is not maintainable. Consequently, the petition was disposed, with the Court directing the petitioner to pursue the remedy available under the SARFAESI Act.

Issues considered

Whether a writ petition is maintainable when an alternative remedy under Section 17 of the SARFAESI Act is available.
Whether the High Court has jurisdiction to entertain the writ petition in the present circumstances.

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 13(2), 17

Subjects

SARFAESI Act
Section 13(2)
Section 17
Debt Recovery Tribunal
writ jurisdiction
alternative remedy
Civil writ petition
High Court

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.4249 of 2026
                 ======================================================
                 Punam Kumari Wife of Prem Kumar Sinha, Resident of 145, Bhikhachak,
                 Post and Police Station- Gardanibagh, District- Patna (Bihar).

                                                                           ... ... Petitioner/s
                                                   Versus

           1.    The State of Bihar through the Principal Secretary, Ministry of Finance,
                 Government of Bihar, Patna.
           2.    The Chief Manager-cum-Authorized Officer, Loan Against Property-
                 Business Division, Cholamandalam Investment and Finance Company
                 Limited, Ahuwaliya Building, new Dakbanglow Road behind LIC Off.
                 Patna.
           3.    The Regional Manager, Cholamandalam Investment and Finance Company
                 Limited, Bihar, Patna.
           4.    The Branch Manager, Cholamandalam Investment and Finance Company
                 Limited, Branch-Patna(Bihar).
           5.    The District Magistrate-cum-Collector, Patna.
           6.    The Registrar, Debt Recovery Tribunal, Patna.

                                                                         ... ... Respondent/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s   :     Mr.Ankit Kumar Singh
                 For the Respondent/s   :     Mr.Standing Counsel (04)

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY
                                       ORAL ORDER

2   01-04-2026                 Having regard to the fact that the petitioner is having

                   an alternative and efficacious remedy of approaching the Debt

                   Recovery Tribunal, Patna by way of an application, under

                   Section 17 of the SARFAESI Act, against the notice, under

                   Section 13(2) of the SARFAESI Act, issued by the Respondent-

                   Finance Company, this Court is not inclined to entertain the

                   present writ petition.
             Patna High Court CWJC No.4249 of 2026(2) dt.01-04-2026
                                                         2/2




                                   2. Accordingly, the present writ petition is disposed of

                       granting liberty to the petitioner to avail the remedies as

                       available under law.



                                                               (A. Abhishek Reddy , J)
Bhardwaj/-

U

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