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Celir Llp vs Bafna Motors (Mumbai) Pvt. Ltd. on 21 September, 2023

3.Some of the Writ Petitions have been instituted challenging the proceedings initiated under the SARFAESI Act. It is needless to state that the special enactment will prevail over the general law. In the present case, the Act, 1983 alone is to be followed in respect of the Urban Co-operative Bank Limited which is being a registered Co-operative Bank. However, in respect of the SARFAESI proceedings, an aggrieved person has to approach the Debts Recovery Tribunal and therefore, the Writ Petitions are not maintainable, in view 55/68 https://www.mhc.tn.gov.in/judis ( Uploaded on: 30/06/2025 11:29:18 am ) W.P(MD)Nos.3751, 11079 & 11374 of 2008 & 2262, 7763, 7764, 7765, 14103, 14216 & 14270 of 2009, 103, 303, 3077, 8310, 8722, 10163, 11208, 11360 & 11939 of 2010, 16899 of 2015, 1060 of 2017 & 1632 of 2018 and C.R.P(MD)Nos.377 & 378 of 2010 & 1018 of 2011 and W.A(MD)No.520 of 2017 of the Judgment of the Hon'ble Supreme Court of India in the case of Celir LLP Vs. Bafna Motors (Mumbai) Private Limited and others reported in (2024) 2 SCC 1.
Supreme Court of India Cites 81 - Cited by 24 - D Y Chandrachud - Full Document
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