Hanuman Constructors v. Union of India, Represented By Its Secretary, Ministry of Finance, New Delhi
2025-10-29
CHEEKATI MANAVENDRANATH ROY, T.C.D.SEKHAR
body2025
DigiLaw.ai
ORDER : Cheekati Manavendranath Roy, J. Heard learned counsel for the petitioner. 2. The petitioner is the principal debtor, who availed loan of Rs.30,00,000/- from City Union Bank Limited, Kakinada Branch. As he committed default in discharge of the said loan amount, the Bank has initiated proceedings under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the SARFAESI Act”) and brought the property for sale in the auction. In the auction that was held on 16.10.2025, the 5 th respondent stood as highest bidder and the auction was knocked in his favour. He has deposited 25% of the bid amount. He has to still deposit the balance 75% of the amount before the Bank to complete the sale transaction. While so, the petitioner, who is the principal debtor states that he has approached the Bank to pay the outstanding amount of Rs.24,06,936/- along with accrued interest thereon. But the Bank has refused to accept the same. It is stated that he has also approached the Bank with demand draft for a sum of Rs.30,10,000/- and the Bank has refused to receive the same. Therefore, contending that he is entitled to repay the borrowed amount with interest thereon before the sale is completed and as the Bank is not accepting the same, he sought a direction by way of writ of mandamus to the Bank to accept the same. 3. In the said facts and circumstances of the case, the petitioner being the principal debtor, has got an efficacious remedy before the Debt Recovery Tribunal under the SARFAESI Act. But without approaching the appropriate forum, he has approached the High Court. Therefore, when he has got an efficacious remedy available under the Act, we are not inclined to interfere in this writ petition to grant the relief sought by the petitioner. 4. Therefore, the Writ Petition is disposed of, granting liberty to the petitioner to approach the Debt Recovery Tribunal, Visakhapatnam, for redressal of his grievance including to obtain stay of further proceedings relating to the said auction and sale.
4. Therefore, the Writ Petition is disposed of, granting liberty to the petitioner to approach the Debt Recovery Tribunal, Visakhapatnam, for redressal of his grievance including to obtain stay of further proceedings relating to the said auction and sale. As it is stated that the auction purchaser may at any moment of time, pay the balance 75% of amount and the sale transaction may be completed, the 4 th respondent-Bank is directed not to register any sale deed and complete any sale transaction in favour of auction purchaser for a period of one month i.e. till 29.11.2025, however it may accept the balance sum to be paid by the auction purchaser. The petitioner shall approach the Debt Recovery Tribunal before 29.11.2025 and initiate appropriate proceedings for redressal of his grievance, which shall be decided by the Debt Recovery Tribunal, according to law. The Debt Recovery Tribunal shall also consider the stay petition that may be filed by the petitioner and decide the same, according to law, expeditiously before 29.11.2025. There shall be no order as to costs. Miscellaneous petitions, if any pending, in the Writ Petition, shall stand closed.