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    <title>2009 (3) TMI 1065 - Supreme Court</title>
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    <description>A writ petition should not be entertained where the SARFAESI Act provides an effective statutory remedy. After the secured account was classified as a non-performing asset, measures were initiated under Sections 13(2) and 13(4), and the borrower also failed to comply with the one-time settlement terms. In that setting, Section 17 furnished the proper remedy against the secured creditor&#039;s measures, so the High Court ought not to have bypassed the statutory framework or directed instalment payments in writ jurisdiction. The High Court&#039;s order was therefore unsustainable.</description>
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    <pubDate>Mon, 02 Mar 2009 00:00:00 +0530</pubDate>
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      <title>2009 (3) TMI 1065 - Supreme Court</title>
      <link>https://www.taxtmi.com/caselaws?id=273874</link>
      <description>A writ petition should not be entertained where the SARFAESI Act provides an effective statutory remedy. After the secured account was classified as a non-performing asset, measures were initiated under Sections 13(2) and 13(4), and the borrower also failed to comply with the one-time settlement terms. In that setting, Section 17 furnished the proper remedy against the secured creditor&#039;s measures, so the High Court ought not to have bypassed the statutory framework or directed instalment payments in writ jurisdiction. The High Court&#039;s order was therefore unsustainable.</description>
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