https://www.taxtmi.com/caselaws?id=254142 Sections 34 and 35 of the SARFAESI Act are treated as overriding provisions that bar Company Court interference with secured creditors' enforcement measures, including injunctions against action under that Act. A secured creditor may remain outside winding up and still file a winding-up petition for the balance debt without first surrendering security, because relinquishment arises only when proving the whole debt. Alleged irregularities in SARFAESI proceedings must be raised under the Act's statutory remedy, not before the Company Court. The commentary concludes that the secured creditor's statutory enforcement rights prevail unless and until the proper appellate mechanism is invoked. en-us Wed, 11 Dec 2013 00:00:00 +0530 Sat, 13 Dec 2014 11:01:38 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=254142 Sections 34 and 35 of the SARFAESI Act are treated as overriding provisions that bar Company Court interference with secured creditors' enforcement measures, including injunctions against action under that Act. A secured creditor may remain outside winding up and still file a winding-up petition for the balance debt without first surrendering security, because relinquishment arises only when proving the whole debt. Alleged irregularities in SARFAESI proceedings must be raised under the Act's statutory remedy, not before the Company Court. The commentary concludes that the secured creditor's statutory enforcement rights prevail unless and until the proper appellate mechanism is invoked. Case-Laws Companies Law Wed, 11 Dec 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=254142