⚖️ LIVE ORAL SCRIPT – SARFAESI WRIT (ARTICLE 226)

🧾 Opening

“May it please Your Lordships, this is a writ petition under Article 226 of the Constitution of India challenging the measures taken by the secured creditor under the SARFAESI Act, 2002, including the [demand notice dated __ / possession notice dated __].

The petitioner seeks setting aside of the said action on the ground that it is ex facie without jurisdiction and in violation of the statutory mandate.”

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🧭 Maintainability (Say this early and confidently)

“Your Lordships, I am conscious that ordinarily the remedy lies under Section 17 of the SARFAESI Act, 2002 before the learned DRT.

However, the present case falls within the well-recognized exceptions—namely, the action is without jurisdiction and contrary to the provisions of the Act itself. Therefore, this Hon’ble Court’s writ jurisdiction is rightly invoked.”

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📌 Roadmap

“I will make two brief submissions:
(i) the very initiation of proceedings is without jurisdiction; and
(ii) even otherwise, the mandatory procedure under the Act has not been followed.”

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⚖️ Submission 1 – Jurisdictional Error (Customize this part)

[Pick the version that matches your case]

🔹 If NPA issue:

“My first submission is that the account has been classified as NPA without compliance with RBI norms, and therefore the very foundation of the proceedings is vitiated.”

🔹 If wrong party / guarantor issue:

“The action has been initiated against the petitioner who is not a borrower in the eye of law, and therefore the proceedings are without jurisdiction.”

🔹 If secured asset issue:

“The property in question does not fall within the definition of a secured asset, and hence the invocation of SARFAESI is wholly without authority.”

👉 (Pause here—let the Court absorb)

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📜 Submission 2 – Procedural Violation

“Without prejudice, even the procedure mandated under the Act has not been followed.”

Then insert specifics:

“There is non-compliance with Section 13(2) of the SARFAESI Act, 2002 inasmuch as [defect].

Further, the measures under Section 13(4) of the SARFAESI Act, 2002 have been taken without adhering to the prescribed rules, particularly [valuation / service / possession irregularity].”

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📚 Case Law Anchor (Pre-empt objection)

“Your Lordships are conscious of the judgment in United Bank of India v. Satyawati Tondon, where it has been held that writ jurisdiction should not ordinarily be exercised in such matters.

However, the present case clearly falls within the exceptions recognized therein, as the action is ex facie without jurisdiction and contrary to the statute.”

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⚔️ If Bench Questions You

❓ On alternate remedy:

“Yes, Your Lordships. The alternate remedy is not disputed. However, where the action itself is without jurisdiction, the bar does not operate.”

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❓ On disputed facts:

“The issue here is not factual adjudication, but the legality of the decision-making process.”

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❓ If Bench is not convinced:

(Shift tone—be practical)

“Without prejudice, if Your Lordships are inclined to relegate the petitioner to the DRT, the petitioner may be granted limited protection.”

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🛡️ Protective Relief (Very important)

“The petitioner is facing imminent coercive steps, including [possession / auction].

It is therefore prayed that, for a limited period, the respondents be restrained, so as to enable the petitioner to approach the DRT under Section 17.”

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🔄 Re-Centering Line (Use anytime you’re interrupted)

“The short issue, Your Lordships, is whether the bank could have proceeded at all in the present facts…”

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🧾 Closing

“In these circumstances, it is respectfully prayed that the impugned action be set aside.

Alternatively, the petitioner may be granted liberty to approach the DRT with appropriate interim protection.”

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🧠 How to Use This in Real Court

• Don’t rush—deliver in calm segments
• Pause after each submission (very powerful)
• If interrupted → answer → come back to structure
• Always keep alternative relief ready