Procedural Illegality Under Section 14 Of SARFAESI Act Opens Door To Writ Jurisdiction Despite Availability Of DRT Remedy
Violation of procedure prescribed under Section 14 of the SARFAESI Act, 2002 can justify exercise of writ jurisdiction under Article 226 of the Constitution, even where an alternative remedy exists under Section 17 before the Debts Recovery Tribunal. Availability of an alternative remedy is not an absolute bar to writ jurisdiction where there is clear procedural illegality, absence of a mandatory affidavit of the Authorised Officer, or coercive measures taken despite repayment of dues. Further, an intra-court appeal under Section 5 of the Kerala High Court Act, 1958 is maintainable against an ex-parte ad interim order in writ proceedings that substantially affects rights of a party or obstructs pursuit of statutory remedies.
