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Bombay High Court

AWADESH RAMNARAYAN VISHWAKARMA AND ANRversusSTATE OF MAHARASHTRA AND ORS

Decided
Disposal
Disposed Off

Holding

A writ petition under Article 226 must be dismissed where an effective alternative remedy under the Securitisation Act, such as approaching the DRT, is available.

Summary

The petitioner, a borrower, filed a writ petition under Article 226 challenging an order of a Competent Magistrate issued under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and sought to restrain the Court Commissioner from taking possession of the secured asset. The High Court observed that the petitioner has an alternative statutory remedy by approaching the Debt Recovery Tribunal (DRT) under the same Act. Citing Supreme Court precedents (United Bank of India v. Satyawati Tandon and Celir LLP v. Bafna Motors), the Court reiterated the rule of exhaustion of alternative remedies before invoking Article 226. Consequently, the Court declined to entertain the writ petition and dismissed it, while allowing the petitioner to approach the DRT if not already done. The decision underscores the High Court's adherence to the principle that statutory mechanisms must be exhausted before seeking constitutional writ relief.

Issues considered

  • Whether a writ petition under Article 226 can be entertained when an effective statutory remedy under the Securitisation Act is available.
  • Whether the petitioner must exhaust the remedy of approaching the Debt Recovery Tribunal before seeking relief from the High Court.

Legislation cited

Subjects

  • Article 226
  • writ petition
  • exhaustion of alternative remedy
  • Securitisation Act
  • Debt Recovery Tribunal
  • SARFAESI
  • RDBFI
  • High Court jurisdiction

Judgment

                                                                                                25_WP11678_26.doc



                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
                                                  WRIT PETITION NO.11678 OF 2026

                              Awadesh Ramnarayan Vishwakarma                           …      Petitioner
                              Vs.
                              State of Maharashtra and others                          …      Respondents


                              None for Petitioners.
                              Ms. G. R. Raghuwanshi, AGP for Respondents-State.

                                                           CORAM : MANISH PITALE &
                                                                   SHREERAM V. SHIRSAT, JJ.
                                                           DATE       : SEPTEMBER 09, 2026

                              P.C. :
                              .        None for the petitioner.

                              2.       The petitioner is a borrower, who has filed this petition
                              challenging an order passed by the Competent Magistrate under Section
                              14 of the Securitisation and Reconstruction of Financial Assets and
                              Enforcement of Security Interest Act, 2002 (Securitisation Act). The
                              petitioner also seeks a direction from this Court restraining the Court
                              Commissioner from taking physical possession of the secured asset.

                              3.       The present petition cannot be entertained in the face of
                              alternative efficacious statutory remedy available to the petitioner of
                              approaching the Debts Recovery Tribunal (DRT) under the provisions of
                              the Securitisation Act.
MINAL SANDIP
           Digitally signed
       by MINAL

SANDIP Date:
               PARAB


PARAB 2026.09.10
       16:31:13 +0530


                              4.       In the case of United Bank of India Vs. Satyawati Tandon and
                              others, (2010) 8 SCC 110, the Supreme Court held as follows:-
                                       “43. Unfortunately, the High Court overlooked the settled
                                       law that the High Court will ordinarily not entertain a petition
                                       under Article 226 of the Constitution if an effective remedy is
                                       available to the aggrieved person and that this rule applies with

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      greater rigour in matters involving recovery of taxes, cess,
      fees, other types of public money and the dues of banks and
      other financial institutions. In our view, while dealing with the
      petitions involving challenge to the action taken for recovery
      of the public dues, etc. the High Court must keep in mind that
      the legislations enacted by Parliament and State Legislatures
      for recovery of such dues are a code unto themselves inasmuch
      as they not only contain comprehensive procedure for recovery
      of the dues but also envisage constitution of quasi-judicial
      bodies for redressal of the grievance of any aggrieved person.
      Therefore, in all such cases, the High Court must insist that
      before availing remedy under Article 226 of the Constitution, a
      person must exhaust the remedies available under the relevant
      statute.

      44. While expressing the aforesaid view, we are conscious
      that the powers conferred upon the High Court under Article
      226 of the Constitution to issue to any person or authority,
      including in appropriate cases, any Government, directions,
      orders or writs including the five prerogative writs for the
      enforcement of any of the rights conferred by Part III or for
      any other purpose are very wide and there is no express
      limitation on exercise of that power but, at the same time, we
      cannot be oblivious of the rules of self-imposed restraint
      evolved by this Court, which every High Court is bound to
      keep in view while exercising power under Article 226 of the
      Constitution.

      45. It is true that the rule of exhaustion of alternative
      remedy is a rule of discretion and not one of compulsion, but
      it is difficult to fathom any reason why the High Court
      should entertain a petition filed under Article 226 of the
      Constitution and pass interim order ignoring the fact that the
      petitioner can avail effective alternative remedy by filing
      application, appeal, revision, etc. and the particular
      legislation contains a detailed mechanism for redressal of his
      grievance.”

5.    It appears that despite the said position of law being
repeatedly indicated by the Supreme Court, the High Courts were
still entertaining the writ petitions, and therefore in the case of
Celir LLP Vs. Bafna Motors (Mumbai) Private Limited and others,
(2024) 2 SCC 1, the Supreme Court was constrained to observe as
follows:-

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         “101. More than a decade back, this Court had expressed
         serious concern despite its repeated pronouncements in regard
         to the High Courts ignoring the availability of statutory
         remedies under the RDBFI Act and the SARFAESI Act and
         exercise of jurisdiction under Article 226 of the Constitution.
         Even after, the decision of this Court in Satyawati Tondon, it
         appears that the High Courts have continued to exercise its
         writ jurisdiction under Article 226 ignoring the statutory
         remedies under the RDBFI Act and the SARFAESI Act.”

6.      In view of the above, we decline to entertain the present writ
petition. Accordingly, it is dismissed. However, the petitioner is at
liberty to approach the DRT under the provisions of the Securitisation
Act in accordance with law, if the petitioner has not already availed of
the said alternative remedy.




(SHREERAM V. SHIRSAT, J.)                        (MANISH PITALE, J.)




Minal Parab




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