https://www.taxtmi.com/caselaws?id=373662 A borrower or other aggrieved person may invoke the statutory challenge under the SARFAESI framework once measures under Section 13(4) are taken, and need not wait until symbolic or physical possession of the secured asset is lost. The scheme distinguishes enforcement under Section 13, possession assistance under Section 14, and the remedy under Section 17(1). On the stated understanding of the possession rules, constructive possession arises through notice and related measures, while physical possession is a separate stage. Accordingly, the right to approach the Debts Recovery Tribunal becomes available upon issuance of the possession measures, and is not postponed until actual dispossession. en-us Thu, 15 Nov 2018 00:00:00 +0530 Fri, 18 Jan 2019 07:52:56 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=373662 A borrower or other aggrieved person may invoke the statutory challenge under the SARFAESI framework once measures under Section 13(4) are taken, and need not wait until symbolic or physical possession of the secured asset is lost. The scheme distinguishes enforcement under Section 13, possession assistance under Section 14, and the remedy under Section 17(1). On the stated understanding of the possession rules, constructive possession arises through notice and related measures, while physical possession is a separate stage. Accordingly, the right to approach the Debts Recovery Tribunal becomes available upon issuance of the possession measures, and is not postponed until actual dispossession. Case-Laws Indian Laws Thu, 15 Nov 2018 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=373662