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Varimadugu Obi Reddy vs B. Sreenivasulu on 16 November, 2022 cites

United Bank Of India vs Satyawati Tondon & Ors on 26 July, 2010

33. This Court in the judgment in United Bank of India vs. Satyawati Tondon & Others2, was concerned with the argument of alternative remedy provided under the SARFAESI Act, 2002 and dealing with the argument of alternative remedy, this Court had observed that where an effective remedy is available to an aggrieved 2(2010) 8 SCC 110 23 person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution, the alternative remedy available under the relevant statute must be exhausted. Paras 43, 44 and 45 of the said judgment are relevant for the purpose and are extracted below:
Supreme Court of India Cites 49 - Cited by 3973 - Full Document

Gm, Sri Siddeshwara Co-Op.Bank Ltd.& ... vs Sri Ikbal & Ors on 22 August, 2013

In the instant case, although there was no written consent by all the three partners, namely, secured creditors, borrowers and auction purchaser, as being referred to by this Court in General Manager, Sri Siddeshwara Cooperative Bank Limited (supra), but this fact cannot be ruled out that in the instant case, the peculiar situation has come forward when the respondent borrowers in the first instance approached the Tribunal assailing the e­auction notice issued by the respondent Bank (secured creditor) and were able to secure an interim order from the Tribunal dated 26th March, 2015 permitting the auction proceedings to continue, subject to the condition that the borrower shall deposit Rs.6 lakhs directly with the respondent Bank within 15 days from the date of order, which admittedly expired on 9 th April, 2015 and the respondent borrowers failed to deposit the aforesaid amount.
Supreme Court of India Cites 9 - Cited by 361 - R M Lodha - Full Document
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