https://www.taxtmi.com/caselaws?id=188106 The amended Section 17 of the SARFAESI Act was upheld as constitutionally valid, because the borrower's application remains an effective statutory remedy against measures taken under Section 13(4). The Court held that the Debt Recovery Tribunal is not confined to a narrow review of formal legality alone; the borrower may raise all legally sustainable objections, including limitation, incorrect adjustment of payments, non-compliance with the Act and rules, and other defects affecting the validity of the secured creditor's action. The amendment was therefore not treated as reducing the remedy to an empty formality or as unconstitutionally curtailing tribunal scrutiny. en-us Mon, 11 Jun 2007 00:00:00 +0530 Fri, 18 Nov 2016 12:46:22 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=188106 The amended Section 17 of the SARFAESI Act was upheld as constitutionally valid, because the borrower's application remains an effective statutory remedy against measures taken under Section 13(4). The Court held that the Debt Recovery Tribunal is not confined to a narrow review of formal legality alone; the borrower may raise all legally sustainable objections, including limitation, incorrect adjustment of payments, non-compliance with the Act and rules, and other defects affecting the validity of the secured creditor's action. The amendment was therefore not treated as reducing the remedy to an empty formality or as unconstitutionally curtailing tribunal scrutiny. Case-Laws Indian Laws Mon, 11 Jun 2007 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=188106