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Judgment
Sri.Chethan Kumar S., counsel on behalf of Sri.Harsha D.Joshi, for the petitioner and Sri.N.Suresha, counsel for respondents appeared in person.
This petition is filed seeking following reliefs:
(i)Issue a writ of Certiorari and quash the e-auction notice dated 19.10.2023 issued in S.No.10/206 by the respondents in bringing the property of the petitioner for sale as an Annexure-C.
(ii)Grant such other relief / reliefs as this Hon'ble Court deems it fit and appropriate on the facts and in the circumstances of the case, including costs of this petition, to meet the ends of justice.
Counsel for the respective parties urged several contentions. Heard the arguments and perused the papers with care.
The authorized officer of the respondents have issued an e-auction sale notice for sale of immovable properties of mortgage to Repco Home Finance Ltd. under the SARFAESI Act. The e-auction sale notice cannot be assailed by invoking writ jurisdiction as the petitioner/litigant has the statutory remedy of approaching the Tribunal. Hence, there is no need to exercise discretionary powers under writ jurisdiction. The petitioner may approach the appropriate forum if so advised and if the law permits.
Accordingly, the writ petition is dismissed.
Because of dismissal of the Writ Petition, interim order granted if any stands discharged and pending interlocutory applications if any are disposed of.