https://www.taxtmi.com/caselaws?id=197316 SARFAESI provides a complete statutory mechanism for challenging secured-creditor measures through the Debts Recovery Tribunal, so writ jurisdiction should ordinarily not be used where that effective remedy is available. Its overriding framework prevails over inconsistent restrictions under the Sick Industrial Companies legislation: pending sick-company references abate automatically when secured creditors representing at least three-fourths in value take measures to enforce security. The statutory bar protecting sick industrial companies does not prevent such enforcement. Waiver requires clear, intentional relinquishment of a known right; compromise discussions or participation in company-court proceedings do not by themselves abandon secured-creditor remedies where recovery rights continue to be asserted. en-us Tue, 21 Dec 2010 00:00:00 +0530 Tue, 02 Jan 2018 18:26:21 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197316 SARFAESI provides a complete statutory mechanism for challenging secured-creditor measures through the Debts Recovery Tribunal, so writ jurisdiction should ordinarily not be used where that effective remedy is available. Its overriding framework prevails over inconsistent restrictions under the Sick Industrial Companies legislation: pending sick-company references abate automatically when secured creditors representing at least three-fourths in value take measures to enforce security. The statutory bar protecting sick industrial companies does not prevent such enforcement. Waiver requires clear, intentional relinquishment of a known right; compromise discussions or participation in company-court proceedings do not by themselves abandon secured-creditor remedies where recovery rights continue to be asserted. Case-Laws Indian Laws Tue, 21 Dec 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197316