Ranjana Jain (Smt.) vs. The Authorized Officer, HDFC Bank Ltd. & Anr.

Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002–Sec. 14–Order as regard to taking the possession of secured asset–Writ petition by petitioner-tenant against the order–Maintainability–Claim of petitioner can be atigated before the appropriate forum in view of amended provisions of Sec. 17 of SARFAESI Act–Tribunal has powers to adjudicate the disputes raised by the tenant with respect to his rights qua the secured asset–Earlier, the Tribunal rightly did not entertain the application of petitioner as it was filed against the order of possession notice and it was not an order passed under the SARFAESI Act–Furthermore, this order was passed on 23.12.2015 and powers to entertain the appeal in regard to tenancy rights were given to Tribunal w.e.f. 1.9.2016–Held, writ petition is not maintainable in view of availability of alternative remedy.