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Pnl Depositors' Welfare Association, ... vs Union Of India (Uoi) By Secretary To ... on 12 July, 2005

In PNL DEPOSITORS WELFARE ASSOCIATION vs. UNION OF INDIA (2005 (4) CTC 469), this Court, based upon Digivision Electronics case, has ruled that when the petitioner is having an efficacious alternate remedy under SARFAESI Act, he will have to move the Debts Recovery Tribunal under Section 17 of that Act and therefore, the writ petition therein is not maintainable. In the case involved in the above decision, only Section 17 of the SARFAESI Act was considered and non-compliance of proviso(i) to Section 19(1) of the Act 51 of 1993 was not considered. Therefore, on facts, the above ruling is distinguishable, and this will not come to the aid of the respondent, to reject the writ petition as not maintainable.
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