debar him from recourse to a regular suit, that the two remedies are not inconsistent and alternative, but cumulative and concurrent, and that the decision ... review of judgment or by a regular suit, secondly, that the two remedies are alternative, so that when a litigant has made his election
proceedings under the SARFAESI Act cannot be taken and that when two remedies are provided, the Bank or the Financial Institution has to elect ... observed by the Supreme Court that the Corporation cannot simultaneously pursue two remedies at the same time, the reach and scope of the two remedies
SARFAESI Act. Learned counsel submitted
that when two distinct statutes provide two similar
remedies, the doctrine of election would apply and the
respondent-Corporation having ... either of the two provisions in certain
respects.
......
15. The Doctrine of Election clearly suggests
that when two remedies are available for the same
relief
appellants contends, the respondent-Corporation is precluded from pursuing two remedies simultaneously, i.e. one under Section 29 of the Act and the other under ... While the corporation cannot simultaneously pursue the two remedies, it is under no disability to take recourse to the rights and remedy available
debt. Conceptually, there is no inherent or implied inconsistency between
the two remedies. Therefore, as stated above, the object behind the
enactment ... each other. There is no
inherent or implied inconsistency between these two remedies under the two
different Acts. Therefore, the doctrine of election
Ireo Grace Realtech Pvt. Ltd. vs Abhishek Khanna on 11 January, 2021
Equivalent citations: AIR
advance or breach of an
agreement, the Corporation has two remedies available to it
against the defaulting industrial concern, one under Section
29 and another ... whatever stage those proceedings
may be. The Corporation cannot simultaneously pursue two
remedies at the same time. The reach and scope of the two
remedies
exclude complainant. The mere fact
that the complainant may have two remedies by itself is
not a ground to deny them the benefit ... complaint, if the complainant is also the victim, he may
have two remedies, namely, appeal under the proviso to
Section 372 CrPC as a matter
Even otherwise also, as observed earlier, since the Act is a procedural remedial measure provided to a certain class of secured creditors for enforcement ... institutions covered by the provisions of the Act cannot resort to two parallel remedies even if it is considered that in view of the provisions
levied. Reading the two provisions
harmoniously, discretion is given to the Commissioner to
resort to one of the two remedies as the facts ... two provisions
harmoniously, we are of the view that the discretion is
given to the Commissioner to resort to one of the two
remedies
