2019 (3) TMI 1957

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..... tioner : Mr. R. Amardeep. For the Respondent : None. ORDER (ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition to issue a Writ of certiorari to call for the records pertaining to the Sale Certificate dated 17.10.2018 issued by the 2nd respondent in favour of the 3rd respondent and to quash the same. 2. The petitioner has challenged the Sale Cer .....

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..... another Vs. Mathew K.C.] and 2018 (1) Supreme Court Cases 626 [Agarwal Tracom Private Limited Vs. Punjab National Bank and others] 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. 4.2. In a recent decision of the Supreme Court dated 05 .....

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..... FAESI Act and Recovery of Debts Due to Banks and Financial Institutions Act, is not maintainable. 5. 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 in the above referred judgments, we are not inclined to entertain the Writ Petition. A .....

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