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Judgment
Though matter called twice, there is no representation on behalf of the petitioners.
Sri.Vinay, counsel on behalf of Sri.Manmohan.P.N, for the respondent appeared in person.
This petition is filed seeking following reliefs:
(i)Issue a writ of mandamus directing the respondent Banker to stop the process of taking possession of the petitioners property mortgaged before the respondent Banker as per the order of the District Magistrate, Udupi in SECS/CR/46/2020 dated 15.11.2021 produced at Annexure-B without serving the notice dated 12.10.2021 issued under Section 14(1) and (2) of the Securitization Act 2002.
(ii)Grant such other relief or reliefs as this Hon'ble Tribunal deems fit and proper at the circumstances of the case in the interest of justice and equity.
Heard the arguments and perused the papers with care.
The Deputy Commissioner has passed the order under Section 14 of the Act. Any person aggrieved by an order passed under Section 14 of the SARFAESI Act is entitled to assail the same before the appropriate forum in accordance with law. However, instead of availing the said remedy, the petitioners have approached this Court in haste.
In view of the availability of an efficacious alternative remedy before the appropriate Tribunal for challenging the impugned order, this Court is not inclined to exercise its discretionary jurisdiction under Article 226 of the Constitution of India. Accordingly, the writ petition is dismissed. It is, however, open to the petitioners to approach the appropriate forum, if so advised and if otherwise permissible in law.
Because of dismissal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.