16/11/2022

The Hon’ble Supreme Court observed that in the instant case, although the borrowers initially approached the DRT by filing an application under Section 17 of the SARFAESI Act, 2002, but the order of the Tribunal indeed was appealable under Section 18 of the Act subject to the compliance of condition of pre¬-deposit and without exhausting the statutory remedy of appeal, the borrowers approached the High Court by filing the writ application under Article 226 of the Constitution. The Supreme Court held that we deprecate such practice of entertaining the writ application by the High Court in exercise of jurisdiction under Article 226 of the Constitution without exhausting the alternative statutory remedy available under the law. This circuitous route appears to have been adopted to avoid the condition of pre¬-deposit contemplated under 2nd proviso to Section 18 of the Act 2002.