https://www.taxtmi.com/caselaws?id=368744 A writ petition challenging a possession notice issued under Section 13(4)(a) of the SARFAESI Act was held not maintainable because an efficacious statutory remedy existed under Section 17 before the Debts Recovery Tribunal. The Court noted that objections about the nature of the debt, the existence of secured creditor status, secured debt and security interest, and the legality of the creditor's action could all be raised before the Tribunal. Finding no exceptional circumstance to justify bypassing the alternate remedy, the Court applied self-imposed restraint under Article 226 and dismissed the petition, leaving the petitioner to pursue the statutory remedy. en-us Wed, 01 Aug 2018 00:00:00 +0530 Sat, 13 Oct 2018 15:06:20 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=368744 A writ petition challenging a possession notice issued under Section 13(4)(a) of the SARFAESI Act was held not maintainable because an efficacious statutory remedy existed under Section 17 before the Debts Recovery Tribunal. The Court noted that objections about the nature of the debt, the existence of secured creditor status, secured debt and security interest, and the legality of the creditor's action could all be raised before the Tribunal. Finding no exceptional circumstance to justify bypassing the alternate remedy, the Court applied self-imposed restraint under Article 226 and dismissed the petition, leaving the petitioner to pursue the statutory remedy. Case-Laws Customs Wed, 01 Aug 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=368744