https://www.taxtmi.com/caselaws?id=111205 A notice issued to enforce a secured debt was held time-barred because the underlying mortgage claim had to be tested under the Limitation Act, 1963, and the 12-year period under Article 62 had already expired when the notice was issued. The Court held that section 36 of the SARFAESI Act governs limitation for enforcement measures and that action taken beyond the limitation period is without jurisdiction. It also held that the availability of an alternative statutory remedy does not bar writ jurisdiction where the impugned action is patently without jurisdiction or otherwise not efficaciously remediable. The notice and consequential public notice were quashed. en-us Mon, 27 Jun 2005 00:00:00 +0530 Fri, 20 Apr 2012 18:19:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=111205 A notice issued to enforce a secured debt was held time-barred because the underlying mortgage claim had to be tested under the Limitation Act, 1963, and the 12-year period under Article 62 had already expired when the notice was issued. The Court held that section 36 of the SARFAESI Act governs limitation for enforcement measures and that action taken beyond the limitation period is without jurisdiction. It also held that the availability of an alternative statutory remedy does not bar writ jurisdiction where the impugned action is patently without jurisdiction or otherwise not efficaciously remediable. The notice and consequential public notice were quashed. Case-Laws Companies Law Mon, 27 Jun 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=111205