VidhiSangh

Supreme Court of India · 27/11/2017

AGARWAL TRACOM PVT. LTD. versus PUNJAB NATIONAL BANK & ORS.

[2017] 11 S.C.R. 164 · 2017 INSC 1146

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Summary

An auction purchaser challenged a secured creditor’s forfeiture of its deposit through a writ petition, contending that forfeiture fell outside SARFAESI measures. The Court held that the purchaser could challenge forfeiture before the DRT under Section 17 and upheld the High Court’s refusal to entertain the writ petition.

Issues

  1. Whether forfeiture of an auction purchaser’s deposit is a measure reviewable under Section 17 of the SARFAESI Act.
  2. Whether the auction purchaser should pursue the statutory remedy rather than a writ petition.

Provisions considered

Held

Result

Appeal dismissed, with liberty to apply to the competent DRT under Section 17(1) within 45 days of this order. Any application must be decided on merits, uninfluenced by observations of the Supreme Court or High Court.

Judgment PDF: Supreme Court of India, [2017] 11 S.C.R. 164.