The petitioner filed this Writ Petition challenging the action of the respondent Bank in bringing the property through auction. The learned counsel for the petitioner submitted that under the provisions of SARFAESI Act (herein after referred to as "the Act"), he can approach the Debts Recovery Tribunal only if any case is pending before the Debts Recovery Tribunal and as per Section 17 of the Act, in the absence of any order, he cannot approach the Debts Recovery Tribunal.
2. In my opinion, the submission of the learned counsel for the petitioner cannot be accepted. Whenever a person is aggrieved by the issuance notice under of
Section 13(4) of the Act, it is open to him to approach the Debts Recovery Tribunal under
Section 17 of the Act, as
Section 17 contemplates an appeal can be preferred against any action taken pursuant to
Section 13(4) and it is not stated that only after an order has been passed, the party can file an appeal under
Section 17 of the Act. Further there is no need for any proceeding to be pending before the Debts Recovery Tribunal for invoking
Section 17 of the Act. The remedy available to the petitioner is to file an appeal before the Debts Recovery Tribunal under
Section 17 of the Act and this Court cannot entertain such Writ Petition.
With this observation, this Writ Petition is disposed of. It is open to the petitioner to invoke the provisions of the SARFAESI Act before the Debts Recovery Tribunal. No costs. Consequently, connected Miscellaneous Petition is closed.
RR To Indian Overseas Bank Main Branch, Dindigul,