https://www.taxtmi.com/caselaws?id=309508 Interim injunction against enforcement of SARFAESI measures was declined because the applicant had already pursued statutory and other remedies over the same mortgage and sale disputes. The Court noted that Section 17 provides the remedy to challenge measures under Section 13(4), while Section 34 excludes civil court jurisdiction in such matters. It further held that discretionary equitable relief under Order 39 Rule 1 CPC requires a prima facie case, irreparable injury, and balance of convenience, which were not established. Suppression of material facts also weighed against relief. The application was therefore dismissed with costs. en-us Mon, 17 Aug 2009 00:00:00 +0530 Wed, 06 Sep 2023 12:00:49 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=309508 Interim injunction against enforcement of SARFAESI measures was declined because the applicant had already pursued statutory and other remedies over the same mortgage and sale disputes. The Court noted that Section 17 provides the remedy to challenge measures under Section 13(4), while Section 34 excludes civil court jurisdiction in such matters. It further held that discretionary equitable relief under Order 39 Rule 1 CPC requires a prima facie case, irreparable injury, and balance of convenience, which were not established. Suppression of material facts also weighed against relief. The application was therefore dismissed with costs. Case-Laws Indian Laws Mon, 17 Aug 2009 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=309508