Writ petition is not maintainable when alternative statutory remedies exist under the SARFAESI Act.

The petitioner filed a writ petition seeking to quash proceedings initiated by HDFC Bank under the SARFAESI Act, 2002.

The petitioner contended that he was neither the borrower nor the guarantor of the subject property and asserted title based on a prior court decree.

He argued that the recovery proceedings abated following the death of the original mortgagor.

Whether a writ petition under Article 226 of the Constitution is maintainable when an alternative statutory remedy is available under the SARFAESI Act.

The court relied on the principle of "alternative remedy," particularly the heightened rigour applied to financial recoveries involving public money and bank dues.

United Bank of India v. Satyawati Tondon (2010), which establishes that High Courts should ordinarily not entertain Article 226 petitions if an effective statutory remedy exists.

Celir LLP v. Bafna Motors (Mumbai) (P) Ltd. (2024) and PHR Invent Educational Society v. UCO Bank Ors. (2024), which mandate that aggrieved parties must exhaust remedies under the SARFAESI Act before approaching the High Court.

The Court observed that the disputes raised by the petitioner fell under the regulatory framework of the SARFAESI Act, which constitutes a "code unto itself" with comprehensive procedures for redressal.

By applying the doctrine established in Satyawati Tondon, the Court determined that because the legislature provided a specific quasi-judicial forum for banking disputes, the petitioner must first utilize that statutory path rather than invoking the High Court’s extraordinary writ jurisdiction.

The Court noted that the availability of this effective alternative rendered the present writ petition non-maintainable at this stage.

The petition and all pending interlocutory applications were disposed of, with the petitioner granted liberty to approach the appropriate statutory forum, and a direction to consider the aspect of limitation regarding the delay.