https://www.taxtmi.com/caselaws?id=244616 Where a secured creditor has taken measures under Section 13(4) of the SARFAESI Act after default, the aggrieved party must pursue the statutory remedy before the Debts Recovery Tribunal because Section 17 provides a broad remedial channel for any person affected. The civil court's jurisdiction is barred by Section 34 in respect of matters the Tribunal or Appellate Tribunal can determine, and Section 35 gives the Act overriding effect over inconsistent laws, including general civil court jurisdiction under the Code of Civil Procedure. The proper remedy is therefore confined to the Act's mechanism, and a civil suit challenging such measures is not maintainable. en-us Wed, 30 Oct 2013 00:00:00 +0530 Mon, 28 Aug 2017 15:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=244616 Where a secured creditor has taken measures under Section 13(4) of the SARFAESI Act after default, the aggrieved party must pursue the statutory remedy before the Debts Recovery Tribunal because Section 17 provides a broad remedial channel for any person affected. The civil court's jurisdiction is barred by Section 34 in respect of matters the Tribunal or Appellate Tribunal can determine, and Section 35 gives the Act overriding effect over inconsistent laws, including general civil court jurisdiction under the Code of Civil Procedure. The proper remedy is therefore confined to the Act's mechanism, and a civil suit challenging such measures is not maintainable. Case-Laws Indian Laws Wed, 30 Oct 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=244616