https://www.taxtmi.com/caselaws?id=196426 Possession-related action taken through Section 14 of the SARFAESI Act is treated as part of the measures under Section 13(4), because Section 14 only provides the mode for implementing secured creditor possession after the Section 13 enforcement steps. The borrower may therefore challenge the legality of that action before the Debts Recovery Tribunal under Section 17. Where that statutory remedy is available, the writ court should not decide the merits of the Section 14 action, as the Tribunal is the proper forum to test the legality and propriety of the enforcement measures. The High Court's merits adjudication was therefore set aside and the matter restored to the Tribunal. en-us Wed, 03 Feb 2010 00:00:00 +0530 Thu, 30 Nov 2017 12:56:01 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=196426 Possession-related action taken through Section 14 of the SARFAESI Act is treated as part of the measures under Section 13(4), because Section 14 only provides the mode for implementing secured creditor possession after the Section 13 enforcement steps. The borrower may therefore challenge the legality of that action before the Debts Recovery Tribunal under Section 17. Where that statutory remedy is available, the writ court should not decide the merits of the Section 14 action, as the Tribunal is the proper forum to test the legality and propriety of the enforcement measures. The High Court's merits adjudication was therefore set aside and the matter restored to the Tribunal. Case-Laws Indian Laws Wed, 03 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=196426