Writ Not Maintainable Against SARFAESI Auction Notice as Effective Remedy Exists

Kanthinathan Palani Kandasamy Vs Assistant Commissioner (Madras High Court) The Madras High Court has dismissed a writ petition challenging a Tender-Cum-Auction Sale Notice issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. The court’s decision, in the case of Kanthinathan Palani Kandasamy vs. Assistant Commissioner, was based on the principle that an effective alternative remedy is available under the SARFAESI Act itself, rendering the writ petition non-maintainable. The petitioner had approached the High Court to ...