<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2024 (7) TMI 1306 - CALCUTTA HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=756086</link>
    <description>An efficacious statutory remedy under the SARFAESI Act, including appeal against measures under Section 13(4), ordinarily bars writ intervention where substantially identical relief is already being pursued before the Debts Recovery Tribunal. A later accepted arrangement dated 11.11.2021 was treated as substituting the earlier restructuring letter dated 28.06.2021, so the earlier terms could not be enforced for specific performance or refund. Delay in approaching the writ court, coupled with parallel remedies, also weighed against discretionary relief. The writ appeal was allowed, the writ court&#039;s reliefs were vacated, and the parties were left to pursue statutory remedies before the appropriate forum.</description>
    <language>en-us</language>
    <pubDate>Thu, 25 Jan 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 26 Jul 2024 17:20:00 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=761836" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (7) TMI 1306 - CALCUTTA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=756086</link>
      <description>An efficacious statutory remedy under the SARFAESI Act, including appeal against measures under Section 13(4), ordinarily bars writ intervention where substantially identical relief is already being pursued before the Debts Recovery Tribunal. A later accepted arrangement dated 11.11.2021 was treated as substituting the earlier restructuring letter dated 28.06.2021, so the earlier terms could not be enforced for specific performance or refund. Delay in approaching the writ court, coupled with parallel remedies, also weighed against discretionary relief. The writ appeal was allowed, the writ court&#039;s reliefs were vacated, and the parties were left to pursue statutory remedies before the appropriate forum.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 25 Jan 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=756086</guid>
    </item>
  </channel>
</rss>