https://www.taxtmi.com/caselaws?id=280837 Where a secured creditor has enforced security under SARFAESI, the challenge to the auction sale must be taken before the Debt Recovery Tribunal under Section 17, because that statute provides the special remedy and overrides inconsistent Company Court intervention. The presence of a pending winding up petition does not, by itself, permit the Official Liquidator to bypass the SARFAESI forum and seek to set aside the sale in Company Court. The article therefore states that the Company Court is not the proper forum to question such measures when SARFAESI enforcement has already been undertaken. en-us Fri, 28 Feb 2014 00:00:00 +0530 Thu, 23 May 2019 06:32:41 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=280837 Where a secured creditor has enforced security under SARFAESI, the challenge to the auction sale must be taken before the Debt Recovery Tribunal under Section 17, because that statute provides the special remedy and overrides inconsistent Company Court intervention. The presence of a pending winding up petition does not, by itself, permit the Official Liquidator to bypass the SARFAESI forum and seek to set aside the sale in Company Court. The article therefore states that the Company Court is not the proper forum to question such measures when SARFAESI enforcement has already been undertaken. Case-Laws Companies Law Fri, 28 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280837