Bombay High Court

KUSUM SATISH KHOTversusTHE STATE OF MAHARASHTRA THR AGP AND ORS

Disposal: Disposed Off

Holding

The petition is dismissed because an alternative remedy before the Debt Recovery Tribunal is available, precluding the exercise of writ jurisdiction.

Summary

The petitioner, Kusum Satish Khot, filed a writ petition seeking a mandamus to quash an order dated 15 September 2022 passed under Section 14 of the SARFAESI Act. The Court noted that the SARFAESI Act provides a specific remedial forum – the Debt Recovery Tribunal – for challenges to such orders. Since an alternative statutory remedy is available, the Court held that it would not entertain the petition under its writ jurisdiction. Consequently, the petition was dismissed. The decision underscores the principle that writ jurisdiction is not a substitute for a dedicated statutory remedy.

Issues considered

Whether a writ of mandamus can be issued to quash an order passed under Section 14 of the SARFAESI Act when a specific remedial forum exists.
Whether the High Court can entertain a writ petition despite the availability of an alternative remedy 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
alternative remedy
writ jurisdiction

Judgment

                                                         28 wp-7586-2024(c).doc


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

                      WRIT PETITION NO. 7586 OF 2024

Kusum Satish Khot.                                  ...Petitioner.
        Versus
The State of Maharashtra and Others.                ...Respondents.
                            ——————
Ms. Tejas J. Kapre, 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 15th September 2022 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

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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