https://www.taxtmi.com/caselaws?id=770727 Writ jurisdiction was treated as maintainable despite the SARFAESI Act's alternative remedy where the challenge concerned the legality of possession-taking and alleged deprivation of property without authority of law. Possession under Section 14 must be taken strictly by the Magistrate or by an officer subordinate to him acting within the statutory authorisation; a chain of delegation to police authorities without clear statutory basis was treated as non-compliance. The taking of movable assets beyond the mortgage and failure to follow the required notice directions also indicated breach of the statutory mandate, and the resulting deprivation of property was treated as contrary to Article 300A. The possession action was set aside in substance, leaving respondents free to proceed afresh in accordance with law. en-us Wed, 12 Mar 2025 00:00:00 +0530 Fri, 16 May 2025 08:40:34 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=770727 Writ jurisdiction was treated as maintainable despite the SARFAESI Act's alternative remedy where the challenge concerned the legality of possession-taking and alleged deprivation of property without authority of law. Possession under Section 14 must be taken strictly by the Magistrate or by an officer subordinate to him acting within the statutory authorisation; a chain of delegation to police authorities without clear statutory basis was treated as non-compliance. The taking of movable assets beyond the mortgage and failure to follow the required notice directions also indicated breach of the statutory mandate, and the resulting deprivation of property was treated as contrary to Article 300A. The possession action was set aside in substance, leaving respondents free to proceed afresh in accordance with law. Case-Laws Indian Laws Wed, 12 Mar 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=770727