https://www.taxtmi.com/caselaws?id=194251 Until a winding up order is made and no provisional liquidator is appointed, the Company Court cannot restrain a secured creditor from pursuing SARFAESI measures, because Sections 34 and 35 give that statute overriding effect and the company retains remedies under Sections 17 and 18. A secured creditor that has filed a winding up petition may still stand outside winding up in respect of the secured asset and enforce that security independently, provided it does not seek to prove the whole debt in winding up without relinquishing the security. The doctrine of election was held not to bar concurrent SARFAESI enforcement and a winding up petition for the balance debt. en-us Wed, 29 Jan 2014 00:00:00 +0530 Sat, 02 Sep 2017 11:14:17 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=194251 Until a winding up order is made and no provisional liquidator is appointed, the Company Court cannot restrain a secured creditor from pursuing SARFAESI measures, because Sections 34 and 35 give that statute overriding effect and the company retains remedies under Sections 17 and 18. A secured creditor that has filed a winding up petition may still stand outside winding up in respect of the secured asset and enforce that security independently, provided it does not seek to prove the whole debt in winding up without relinquishing the security. The doctrine of election was held not to bar concurrent SARFAESI enforcement and a winding up petition for the balance debt. Case-Laws Indian Laws Wed, 29 Jan 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=194251