To establish Right and Interests under Section 13(7) of SARFAESI Act, 2002 for the residual money, Writ under Article 226 is not a proper proceeding – Trishila Chetry @ Trishna Chetry Vs. The State of Assam and 8 Ors. – Gauhati High Court
The provisions contained in Section 13(7) of the SARFAESI Act, 2002 has made it clear that the residue of the money is to be paid to the person entitled to in accordance with his rights and interests. Thus, to receive any part of the residual amount, a person has to establish his rights and interest. The writ proceeding under Article 226 of the Constitution of India is not a proper proceeding to establish the petitioner’s right and interests in so far as the residual amount is concerned as the petitioner has to establish such rights and interest.