Bombay High Court

UDAY MADHUKAR SHINDEversusJANATA SAHKARI BANK LTD. PUNE AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed because the SARFAESI Act provides an alternate remedy before the Debt Recovery Tribunal, precluding writ jurisdiction.

Summary

Petitioner Uday Madhukar Shinde filed a writ petition seeking a mandamus to quash an order dated 3 January 2023 passed by Janata Sahakari Bank Ltd under Section 14 of the SARFAESI Act. The petitioner argued that the order was illegal and sought relief from the High Court. The Court observed that actions under Section 14 of the SARFAESI Act are subject to review before the Debt Recovery Tribunal, which provides an alternate remedy. Since an appropriate statutory forum exists, the High Court declined to entertain the writ petition. Consequently, the petition was dismissed. The decision underscores the principle that writ jurisdiction is not available when a specific remedial mechanism is provided by statute.

Issues considered

Whether a writ of mandamus can be issued to quash an order passed under Section 14 of the SARFAESI Act.
Whether the High Court has jurisdiction to entertain the petition when an alternative remedy exists before the Debt Recovery Tribunal.

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14

Subjects

SARFAESI Act
Section 14
mandamus
Debt Recovery Tribunal
writ jurisdiction
alternative remedy

Judgment

                                                           26 wp-6482-2023(c).doc


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIRCUIT BENCH AT KOLHAPUR
                         CIVIL APPELLATE JURISDICTION

                      WRIT PETITION NO. 6482 OF 2023

Uday Madhukar Shinde.                                       ...Petitioner.
        Versus
Janata Sahakari Bank Ltd Pune and Others.                   ...Respondents.
                            ——————
Mr. Rakesh Bhatkar i/b Mohan Devkule for the Petitioner.
Mr. A. A. Alaspurkar, AGP for the Respondent-State.
                                 ——————
                                   Coram :     Sharmila U. Deshmukh &
                                               Neeraj P. Dhote, JJ.
                                   Date      : September 24, 2026.
P. C. :

1.         By the present petition, Petitioner seeks a writ of mandamus to

quash and set aside order dated 3 rd January 2023 passed under Section

14 of the Securitisation and Reconstruction of Financial Assets and

Enforcement of Security Interest Act, 2002 [for short, “SARFAESI Act”].

It is well settled that against the action under Section 14 of the

SARFAESI Act, there is remedy available before the Debts Recovery

Tribunal. Considering the alternate remedy available to the Petitioner,

we are not inclined to entertain the present petition in exercise of writ

jurisdiction of this Court. The petition stands dismissed.



 [Neeraj P. Dhote, J.]                         [Sharmila U. Deshmukh, J.]




Patil-SR                            1 of 1

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