https://www.taxtmi.com/caselaws?id=197576 Disposal of a borrower's representation under the SARFAESI Act is a condition precedent to possession measures by a secured creditor. Possession action initiated before the representation is duly considered is jurisdictionally infirm and requires fresh consideration before further enforcement. Availability of a statutory remedy does not invariably bar writ jurisdiction where the challenged action is without jurisdiction, particularly where no genuine disputed factual issues require resolution through the alternative forum. The secured creditor must decide the borrower's representation in accordance with law before taking further coercive measures. en-us Mon, 24 Sep 2012 00:00:00 +0530 Wed, 10 Jan 2018 12:19:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=197576 Disposal of a borrower's representation under the SARFAESI Act is a condition precedent to possession measures by a secured creditor. Possession action initiated before the representation is duly considered is jurisdictionally infirm and requires fresh consideration before further enforcement. Availability of a statutory remedy does not invariably bar writ jurisdiction where the challenged action is without jurisdiction, particularly where no genuine disputed factual issues require resolution through the alternative forum. The secured creditor must decide the borrower's representation in accordance with law before taking further coercive measures. Case-Laws Companies Law Mon, 24 Sep 2012 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=197576