Authority: Court (presiding Judge Om Narayan Rai)
Order Date: 03 September 2026
Case Overview
- Petitioner: Sekh Salauddin, borrower of UCO Bank, represented by counsel.
- Respondents: UCO Bank and Reserve Bank of India (RBI) as parties to the SARFAESI action.
- The petition challenged the bank’s issuance of a possession notice, alleging it was affixed on a property that was not mortgaged to the bank, contrary to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
- The petitioner cited a June 17 2026 order of the Chief Judicial Magistrate, Birbhum (Misc. Case No. 143 of 2026) stating the mortgaged property differed from the one on which notice was served.
- The bank contended that the notice was served on the correct mortgaged property.
- The court observed that the dispute centered on factual issues regarding the specific property, not on a lack of jurisdiction under the SARFAESI Act.
- The court noted that the borrower has an alternative remedy under Section 17 of the 2002 Act before the Debt Recovery Tribunal, and the matter does not involve any public‑law element justifying writ jurisdiction under Article 226.
Final Outcome
- The writ petition (WPA 20591 of 2026) is dismissed; the borrower is free to approach the Debt Recovery Tribunal for relief.
- No costs are awarded to either party.
- An urgent certified copy of the order may be obtained by the parties upon compliance with formalities.
Topics: SARFAESI Act, Debt Recovery Tribunal, Banking Litigation