https://www.taxtmi.com/caselaws?id=269269 Writ jurisdiction may extend to enforcing statutory duties even where the respondent is a private bank, because the public law nature of the complaint and the supervisory reach over statutory tribunals remain relevant; the earlier view of absolute non-maintainability was too broad. An agreement of sale executed during SARFAESI measures was also treated as governed by a prior inter partes determination, which could not be reopened between the same parties; that conclusion treating the transaction as void under section 13(13) was therefore reviewed. By contrast, requiring recourse to the statutory appeal was upheld, because an alternative remedy under the recovery framework ordinarily warrants judicial restraint and the pre-deposit condition did not make the appeal inefficacious. en-us Mon, 16 Nov 2015 00:00:00 +0530 Sat, 12 Dec 2015 11:02:59 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=269269 Writ jurisdiction may extend to enforcing statutory duties even where the respondent is a private bank, because the public law nature of the complaint and the supervisory reach over statutory tribunals remain relevant; the earlier view of absolute non-maintainability was too broad. An agreement of sale executed during SARFAESI measures was also treated as governed by a prior inter partes determination, which could not be reopened between the same parties; that conclusion treating the transaction as void under section 13(13) was therefore reviewed. By contrast, requiring recourse to the statutory appeal was upheld, because an alternative remedy under the recovery framework ordinarily warrants judicial restraint and the pre-deposit condition did not make the appeal inefficacious. Case-Laws Companies Law Mon, 16 Nov 2015 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=269269