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Issues: Whether a petition under Section 482 of the Code of Criminal Procedure was maintainable to challenge an order passed in proceedings under the SARFAESI Act, in view of the statutory remedy under Section 17 of that Act.
Analysis: The petition challenged only the subsequent order refusing to keep in abeyance the earlier order passed under Section 14 of the SARFAESI Act, while the original Section 14 order had already attained finality. The inherent power under Section 482 of the Code of Criminal Procedure is confined to matters relatable to the criminal procedure code and cannot be invoked to assail proceedings under the SARFAESI Act. The taking of possession under Section 14 is a continuation of proceedings under Section 13(4), and the Act itself provides an efficacious remedy under Section 17 to an aggrieved person. In view of the availability of that remedy, the High Court would not entertain a petition under Section 482 of the Code of Criminal Procedure against SARFAESI proceedings.
Conclusion: The petition under Section 482 of the Code of Criminal Procedure was not maintainable.
Final Conclusion: The challenge to the order arising from SARFAESI proceedings failed at the threshold, and the dismissal left the parties to pursue the statutory remedy provided by the Act.
Ratio Decidendi: A petition under Section 482 of the Code of Criminal Procedure cannot be used to challenge SARFAESI proceedings where the statute provides an effective alternative remedy under Section 17.