https://www.taxtmi.com/caselaws?id=335053 The amended statutory remedy under Section 17 of the SARFAESI Act was treated as curative and retrospective, so an aggrieved person, including a tenant or leaseholder, could seek adjudication and restoration of possession before the Debt Recovery Tribunal even in relation to an earlier notice. The filing of a writ petition did not create a vested right to bypass the later-available statutory remedy. The Court also directed exclusion of time spent before it for limitation purposes under Section 14 of the Limitation Act. On that basis, the writ was held not maintainable and the petitioner was relegated to the Tribunal, with interim protection preserved briefly to enable pursuit of the remedy. en-us Mon, 17 Oct 2016 00:00:00 +0530 Fri, 25 Nov 2016 10:59:48 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=335053 The amended statutory remedy under Section 17 of the SARFAESI Act was treated as curative and retrospective, so an aggrieved person, including a tenant or leaseholder, could seek adjudication and restoration of possession before the Debt Recovery Tribunal even in relation to an earlier notice. The filing of a writ petition did not create a vested right to bypass the later-available statutory remedy. The Court also directed exclusion of time spent before it for limitation purposes under Section 14 of the Limitation Act. On that basis, the writ was held not maintainable and the petitioner was relegated to the Tribunal, with interim protection preserved briefly to enable pursuit of the remedy. Case-Laws Indian Laws Mon, 17 Oct 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=335053