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Judgment
Vivek Rusia, J
The petitioners have filed the present petition challenging the action of the respondents whereby the possession of the property House No. 09, Village - Gangajal Khedi, Tehsil Depalpur, District Indore has been taken from them.
According to the petitioners, they have taken Home Loan of Rs.6,84,000/-from the respondent No.2 for construction of house on their own land. The petitioners were paying the instalments regularly but due to poor financial condition, they could not pay the instalments for some period, therefore, the account has been declared as NPA. Thereafter the respondent No.2 filed a case for taking possession of the said property before the Upper District Magistrate, Indore and vide order dated 27.12.2023 ex-parte order of taking possession under Section 14 of the SARFAESI Act has been passed. Thereafter the Tehsildar has issued notice dated 9.9.2025 for handing over possession of the mortgaged property to the bank.
Learned counsel for the petitioners submits that the petitioners have no other remedy except to file the writ petition under Article 226 of the Constitution of India.
The petitioner comes under a category of any person to file an appeal under Section 17 of the SARFAESI Act. Section 17 (1) of SARFAESI Act is reproduced as under:-
"17. Application against measures to recover secured debts.-(1) Any person (including borrower), aggrieved by any of the measures referred to in sub-section (4) of section 13 taken by the secured creditor or his authorised officer under this Chapter,1[may make an application along with such fee, as may be prescribed,] to the Debts Recovery Tribunal having jurisdiction in the matter within forty-five days from the date on which such measure had been taken:
[Provided that different fees may be prescribed for making the application by the borrower and the person other than the borrower.
Explanation.-For the removal of doubts, it is hereby declared that the communication of the reasons to the borrower by the secured creditor for not having accepted his representation or objection or the likely action of the secured creditor at the stage of communication of reasons to the borrower shall not entitle the person (including borrower) to make an application to the Debts Recovery Tribunal under this sub-section.]"
Therefore, the petitioners have an alternative and efficacious remedy before the DRT. Hence, Writ Petition stands dismissed with liberty to avail the remedy available under the law.