In Brief
An auction purchaser who failed to pay installments for assets won at a public auction by a nationalised bank sought to challenge the bank's forfeiture of his deposit through a writ petition. The Supreme Court held that forfeiture of an auction purchaser's deposit under Rule 9(5) of the SARFAESI Rules constitutes a measure under Section 13(4) of the SARFAESI Act. Consequently, the auction purchaser, as 'any person' under Section 17(1), must challenge such forfeiture before the Debt Recovery Tribunal, not through writ jurisdiction. The Court dismissed the appeal, holding that the specialized statutory remedy must be exhausted before approaching the High Court under Article 226.
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