https://www.taxtmi.com/caselaws?id=393048 Measures taken by a secured creditor under the SARFAESI framework must be challenged through the statutory remedies provided under that enactment, including objections to valuation, sale, possession and other enforcement steps. Where the borrower has already pursued writ, DRT and DRAT remedies on the same grievance, resort to criminal law on substantially identical allegations is inappropriate. Continuation of the complaint, investigation order and FIR in such circumstances was treated as an abuse of process, and the Court held that inherent jurisdiction could be used to prevent re-litigation of matters already addressed in recovery proceedings. en-us Tue, 03 Mar 2020 00:00:00 +0530 Mon, 13 Jun 2022 17:24:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=393048 Measures taken by a secured creditor under the SARFAESI framework must be challenged through the statutory remedies provided under that enactment, including objections to valuation, sale, possession and other enforcement steps. Where the borrower has already pursued writ, DRT and DRAT remedies on the same grievance, resort to criminal law on substantially identical allegations is inappropriate. Continuation of the complaint, investigation order and FIR in such circumstances was treated as an abuse of process, and the Court held that inherent jurisdiction could be used to prevent re-litigation of matters already addressed in recovery proceedings. Case-Laws Indian Laws Tue, 03 Mar 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=393048