TaxTMI Login
AI Drafter - (New and Powerful) ✕
Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Just a moment...
AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
of 
Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
of Press 'Enter' after typing page number.
of Press 'Enter' after typing page number.
All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of Press 'Enter' after typing page number.
Issues: Whether a writ petition under Article 226 of the Constitution of India is maintainable against a private asset reconstruction company in respect of measures taken under the SARFAESI Act.
Analysis: Relying on the principles stated by the Supreme Court, the Court held that a private financial institution or asset reconstruction company does not, by itself, perform a public function so as to attract writ jurisdiction. The existence of a statutory framework under the SARFAESI Act and the availability of remedies under that Act do not convert the private creditor into a writ-amenable authority. The Court also held that the petitioner could not seek interim protection in writ proceedings when the writ itself was not maintainable.
Conclusion: The writ petition was held to be not maintainable against the private respondent and the petitioner was left to pursue the appropriate remedy before the proper forum.
TaxTMI 
