‘HCs Should Refrain from Entertaining Article 226 Petitions Where SARFAESI Remedy Exists’: Patna HC...

The Patna High Court, in the Indian Bank case, has ruled that High Courts should refrain from entertaining Article 226 petitions where a SARFAESI remedy exists. Article 226 allows High Courts to issue writs, while the SARFAESI Act provides a specific legal framework for banks to recover bad loans. This decision emphasizes judicial discipline and the principle that specialized statutes should be exhausted before invoking writ jurisdiction. The court's stance promotes the efficiency of the SARFAESI mechanism, discouraging its circumvention through broader constitutional remedies when specific legal recourse is available.