https://www.taxtmi.com/caselaws?id=280837 Challenges to a secured creditor's sale under the SARFAESI framework must be pursued before the Debt Recovery Tribunal under Section 17, including where winding-up proceedings are pending. The SARFAESI Act permits enforcement of security without court intervention and contains an overriding provision, while the specialised Tribunal has jurisdiction to examine enforcement measures. The Official Liquidator cannot bypass that statutory forum by seeking to set aside the auction sale before the Company Court. Accordingly, the Company Court application challenging the sale was not maintainable, and the sale challenge had to be brought before the Debt Recovery Tribunal. 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 Challenges to a secured creditor's sale under the SARFAESI framework must be pursued before the Debt Recovery Tribunal under Section 17, including where winding-up proceedings are pending. The SARFAESI Act permits enforcement of security without court intervention and contains an overriding provision, while the specialised Tribunal has jurisdiction to examine enforcement measures. The Official Liquidator cannot bypass that statutory forum by seeking to set aside the auction sale before the Company Court. Accordingly, the Company Court application challenging the sale was not maintainable, and the sale challenge had to be brought before the Debt Recovery Tribunal. Case-Laws Companies Law Fri, 28 Feb 2014 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=280837