https://www.taxtmi.com/caselaws?id=326500 A writ challenge to a SARFAESI auction notice issued after measures under Section 13(4) was treated as not maintainable because an effective statutory appeal lay before the Debts Recovery Tribunal under Section 17. The Court applied the settled rule that writ jurisdiction is ordinarily not exercised where the statute provides an adequate alternative remedy, particularly in bank recovery proceedings. It also noted that the petition was filed at the eleventh hour and that no special exception was made for the petitioner's status as an educational institution. The petition was dismissed, leaving the petitioner to pursue the statutory remedy before the Tribunal. en-us Mon, 28 Mar 2016 00:00:00 +0530 Thu, 29 Dec 2016 18:30:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=326500 A writ challenge to a SARFAESI auction notice issued after measures under Section 13(4) was treated as not maintainable because an effective statutory appeal lay before the Debts Recovery Tribunal under Section 17. The Court applied the settled rule that writ jurisdiction is ordinarily not exercised where the statute provides an adequate alternative remedy, particularly in bank recovery proceedings. It also noted that the petition was filed at the eleventh hour and that no special exception was made for the petitioner's status as an educational institution. The petition was dismissed, leaving the petitioner to pursue the statutory remedy before the Tribunal. Case-Laws Indian Laws Mon, 28 Mar 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=326500