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    <title>2010 (7) TMI 281 - HIGH COURT OF MADHYA PRADESH</title>
    <link>https://www.taxtmi.com/caselaws?id=113117</link>
    <description>A writ petition against a Section 13(2) SARFAESI notice was held premature because the notice was only a pre-Section 13(4) demand and the statute provides a later remedy before the Debts Recovery Tribunal if adverse measures are taken. The borrower had already filed objections, and no jurisdictional defect in the bank&#039;s action was shown. The court also held that SICA protection could not be invoked at this stage to stall recovery, as the SARFAESI framework governed the enforcement action and had overriding effect. The challenge therefore failed, and interference with the recovery proceedings was declined.</description>
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    <pubDate>Thu, 29 Jul 2010 00:00:00 +0530</pubDate>
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      <title>2010 (7) TMI 281 - HIGH COURT OF MADHYA PRADESH</title>
      <link>https://www.taxtmi.com/caselaws?id=113117</link>
      <description>A writ petition against a Section 13(2) SARFAESI notice was held premature because the notice was only a pre-Section 13(4) demand and the statute provides a later remedy before the Debts Recovery Tribunal if adverse measures are taken. The borrower had already filed objections, and no jurisdictional defect in the bank&#039;s action was shown. The court also held that SICA protection could not be invoked at this stage to stall recovery, as the SARFAESI framework governed the enforcement action and had overriding effect. The challenge therefore failed, and interference with the recovery proceedings was declined.</description>
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      <pubDate>Thu, 29 Jul 2010 00:00:00 +0530</pubDate>
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