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1 - 10 of 34 (0.41 seconds)Section 13 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
The Banking Regulation Act, 1949
Article 226 in Constitution of India [Constitution]
Section 5 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 17 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 [Entire Act]
Section 8 in The Banking Regulation Act, 1949 [Entire Act]
Harbanslal Sahnia And Anr. vs Indian Oil Corpn. Ltd. And Ors. on 20 December, 2002
21. Considering the dictum laid as above, which directly
deals with the question regarding exercise of writ jurisdiction
when the remedy provided under the SARFAESI Act is
efficacious, I am of the view that the petitioners have not been
able to make out any strong circumstances which warrants
exercise of the discretionary jurisdiction, despite availability of
the effective alternate remedy, which will squarely fall within any
of the contingencies enumerated in Whirlpool's case which was
reiterated in Harbanslal Sahnia's case. Hence I am of the view
that the writ petitions need not be entertained based on the
challenges raised, and the petitioners herein can be given liberty
to invoke remedies available under Section 17(1).