filed, the Court will
have to determine whether remedy available
before the Arbitral Tribunal is efficacious
remedy, then, it must withdraw itself from
deciding that ... Court
comes to the conclusion that the remedy under
Section 17 is an efficacious remedy , in that
case , the present proceedings under Section
proper to relegate the party to an alternative remedy. Even if in law the efficacious remedy is available as an alternative adequate remedy, the same ... relegating the petitioner to alternative remedy after about 4 1/2 years, would not be an adequate efficacious remedy. For holding so this court
assets of the Indian party would be the only "efficacious remedy". In this
regard, a reference has been made to the 246th ... Petition is not maintainable under Section 9(3) , since SEGCL has
efficacious remedy before the Arbitral Tribunal.
15
2000 SCC Online SC 68 [See paragraphs
election in case the election is
set side, remedy under Rule 28 is an efficacious
remedy.
iii. Even though a petition under Article226 ... 2020 ORDER
availability of alternative, efficacious remedy under
Rules 28 of the said Rules, relying on the aforestated
ratio laid down by the Full Bench
filing election petition?
II. Whether the remedy under Rule 28 can be termed to be
efficacious remedy?
III. Whether a petition under Article ... election in case the election is set aside, remedy
under Rule 28 is an efficacious remedy.
III. Even though a petition under Article
filed, the Court will
have to determine whether remedy available
before the Arbitral Tribunal is efficacious
remedy, then, it must withdraw itself from
deciding that ... Court
comes to the conclusion that the remedy under
Section 17 is an efficacious remedy , in that
case , the present proceedings under Section
alternative efficacious remedy once the principles of
natural justice are violated, however, each case as regards
existence of alternative efficacious remedy depends upon
facts ... issue of
existence of alternative remedy in the present case and
which is a completely alternative efficacious remedy, even in
terms of the distance with
alternative efficacious remedy once the principles of
natural justice are violated, however, each case as regards
existence of alternative efficacious remedy depends upon
facts ... issue of
existence of alternative remedy in the present case and
which is a completely alternative efficacious remedy, even in
terms of the distance with
SARFAESI Act and hence the Petitioner has no other alternative efficacious remedy other than to approach this Court under Article 226 of the Constitution ... Constitution of India, as the petitioner has an alternative efficacious remedy in the form of Section 17 of the SARFAESI Act.
e. It is further
alternative efficacious remedy once the principles of
natural justice are violated, however, each case as regards
existence of alternative efficacious remedy depends upon
facts ... issue of
existence of alternative remedy in the present case and
which is a completely alternative efficacious remedy, even in
terms of the distance with
