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    <title>2017 (2) TMI 867 - GUJARAT HIGH COURT</title>
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    <description>Under the amended SARFAESI framework, tenancy or leasehold claims against a secured asset can be examined by the Debts Recovery Tribunal in an application under Section 17, including whether the tenancy has expired, been determined, conflicts with Section 65A of the Transfer of Property Act, breaches the mortgage terms, or was created after the Section 13(2) notice. Because this statutory remedy was available and efficacious, the High Court held that writ jurisdiction should ordinarily not be invoked to bypass it, and the petitioners were directed to pursue the Section 17 remedy before the Tribunal.</description>
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      <title>2017 (2) TMI 867 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=339167</link>
      <description>Under the amended SARFAESI framework, tenancy or leasehold claims against a secured asset can be examined by the Debts Recovery Tribunal in an application under Section 17, including whether the tenancy has expired, been determined, conflicts with Section 65A of the Transfer of Property Act, breaches the mortgage terms, or was created after the Section 13(2) notice. Because this statutory remedy was available and efficacious, the High Court held that writ jurisdiction should ordinarily not be invoked to bypass it, and the petitioners were directed to pursue the Section 17 remedy before the Tribunal.</description>
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