https://www.taxtmi.com/caselaws?id=340836 A guarantor or mortgagor is treated as a borrower for enforcement under the SARFAESI Act, because the statutory scheme permits secured creditors to proceed against persons who have given guarantee or created mortgage as security for financial assistance. The remedy under Section 17 is the proper avenue for challenging measures taken under Section 13(4), and writ jurisdiction under Articles 226 and 227 is ordinarily not entertained where that statutory remedy is available and effective. Alleged Rule 8 non-compliance and disputes over restructuring terms are matters for the Debts Recovery Tribunal, not writ proceedings. en-us Thu, 23 Mar 2017 00:00:00 +0530 Tue, 28 Mar 2017 06:48:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=340836 A guarantor or mortgagor is treated as a borrower for enforcement under the SARFAESI Act, because the statutory scheme permits secured creditors to proceed against persons who have given guarantee or created mortgage as security for financial assistance. The remedy under Section 17 is the proper avenue for challenging measures taken under Section 13(4), and writ jurisdiction under Articles 226 and 227 is ordinarily not entertained where that statutory remedy is available and effective. Alleged Rule 8 non-compliance and disputes over restructuring terms are matters for the Debts Recovery Tribunal, not writ proceedings. Case-Laws Indian Laws Thu, 23 Mar 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=340836