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2019 (2) TMI 1997 - MADRAS HIGH COURTMaintainability of petition - alternate remedy by way of an appeal under Section 17 of the SARFAESI Act - HELD THAT:- The petitioner has not disputed the claim made by the 1st respondent. Infact, they specifically admitted the claim and only sought three months time to settle the outstanding. But inspite of seeking for three months time to settle the outstanding dues as early as on 03.10.2017, it is pertinent to note that even till date, the petitioner has not settled the loan account with the 1st respondent. By their rejoinder dated 19.10.2017, the 1st respondent informed the petitioner that no further time would be granted and that they have taken symbolic possession of the secured asset under the provisions of Section 13(4) of the SARFAESI Act on 11.10.2017. With regard to the maintainability of the Writ Petition is concerned, it is pertinent to note that under Section 17 of the SARFAESI Act, if the petitioner had any tangible grievance against the notice issued under Section 13(4) or action taken under Section 14, then he could have availed the remedy by filing an application under Section 17(1). The expression “any person” used in Section 17(1) is of wide import. It takes within its fold, not only the borrower, but also the guarantor or any other person, who may be affected by the action taken under Section 13(4) or Section 14. Both, the Debts Recovery Tribunal and the Debts Recovery Appellate Tribunal are empowered to pass interim orders under Sections 17 and 18 and are required to decide the matters within the fixed time schedule. It is thus evident that the remedies available to an aggrieved person under the SARFAESI Act are both expeditious and effective. In the case on hand, the petitioner has not approached the Debts Recovery Tribunal, instead, he has directly filed the above Writ Petition challenging the action taken under Section 14 of the Act - In the instant case, since the petitioner is the borrower, they have got remedy by way of an appeal under Section 17 of the SARFAESI Act as against the order passed by the Chief Metropolitan Magistrate under Section 14 of the SARFAESI Act. In these circumstances, the present Writ Petition cannot be entertained. Petition dismissed.
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