The SARFAESI Act and the Recovery of Debts and Bankruptcy Act provide specialised statutory remedies before the Debt Recovery Tribunal (DRT) and the Debt Recovery Appellate Tribunal (DRAT). However, in appropriate circumstances, proceedings relating to SARFAESI and DRT matters may also come before the High Court in exercise of its constitutional and supervisory jurisdiction.

The scope and maintainability of proceedings before the High Court depend upon the facts of each case, the availability of alternative statutory remedies, and the nature of the grievance raised.

Areas of Practice

Assistance may be provided in matters relating to:

• Writ petitions concerning SARFAESI proceedings.
• Challenges involving jurisdictional issues.
• Cases involving alleged violations of principles of natural justice.
• Proceedings relating to actions of statutory authorities.
• Matters concerning possession, auction and enforcement proceedings where questions of public law arise.
• Challenges to orders affecting third-party rights.
• Proceedings arising from DRT and DRAT matters where recourse to the High Court is permissible in law.
• Supervisory jurisdiction matters under Article 227 of the Constitution of India.
• Questions concerning interpretation of statutory provisions governing debt recovery and security enforcement.

Approach

Each matter is examined on its own facts, the statutory framework involved, and the judicial precedents applicable to the issues raised. Particular attention is given to questions relating to maintainability, availability of alternate remedies, limitation, procedural compliance and the reliefs that may be legally sustainable.

Disclaimer

The maintainability of proceedings before the High Court in matters arising under the SARFAESI Act and debt recovery laws depends upon the specific facts and legal circumstances of each case. Legal advice can be provided only after examination of the relevant documents and factual background.