Radhika Rajesh Agarwal Vs Union of India
Bombay High court
Date of Judgement-05/11/2020
Issue involved- Auction of flat under SARFESI Act, challenge to the auction process- Competent Jurisdiction- DRT or High court.

In the above case two flats were being sold by the bank at a price of Rs 9.23 crores when the reserve price was Rs 8.50 crores and the appellant challenged malfunctioning in the online process saying that he wanted to better the highest bidder price but could not do so because of said malfunction. The Court held that The law is well settled that where any person is aggrieved by any notice or action pursuant thereto under the provisions of SARFAESI Act, the only remedy available to such person would be to approach the DRT by filing an appropriate application under the provisions of the Act and on ground of alternative remedy the writ petition was dismissed.

This is another judgement where the ground of alternative remedy has been pleaded successfully. Though in appropriate cases, the courts may intervene.

Ramesh Patodia
07-11-2020