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2019 (3) TMI 1957 - HC - Insolvency and BankruptcyMaintainability of petition - validity of sale certificate - petition is alleged to be not maintainable as the petitioner has not challenged the Sale Certificate before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act - HELD THAT:- The Hon'ble Supreme Court of India in AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHER VERSUS MATHEW K.C. [2018 (2) TMI 25 - SUPREME COURT] and AGARWAL TRACOM PVT. LTD. VERSUS PUNJAB NATIONAL BANK & ORS. [2017 (11) TMI 1523 - SUPREME COURT] held that the aggrieved parties cannot challenge the SARFAESI proceedings directly by filing a Writ Petition under Article 226 of the Constitution of India without exhausting the appeal remedy available to them. Since the petitioner has filed the Writ Petition without exhausting the alternate remedy by way of an appeal available to him under Section 17 of the SARFAESI Act, following the ratio laid down by the Apex Court, the Writ Petition cannot be entertained - petition dismissed.
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