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
extracted below:
?15.The Doctrine of Election clearly suggests that when two remedies are
available for the same relief, the party to whom the said ... apply to cases where the ambit and scope of the two remedies is essentially
different. To hold otherwise may lead to injustice and inconsistent results
ruled:
"The Doctrine of Election clearly suggests that when two remedies are available for the same relief, the party to whom the said remedies ... apply to cases where the ambit and scope of the two remedies is essentially different."
28. In the case on hand, suits are filed
creditors and
there is no inherent or implied inconsistency between the two remedies. Hence,
there was no bar for proceeding simultaneously even under both ... two different Acts
even against the guarantor as well as the borrower. It is further categorically
held that following the Transcore case two remedies available
enforcing the right of the original mortgage.
Thus the two remedies which a sub-mortgage has got are distinct and should in our opinion ... right of the sub-mortgage to the first of the two remedies mentioned above. It was held that a sub-mortgage of mortgage rights
benefit of the second respondent. He therefore submitted that there are two remedies open to the petitioner and the remedy sought for by the petitioner
indicates that the defendant who
suffered an ex-parte decree has two remedies:- (i) either
to file an application under Order IX Rule ... tactics or where there is lack of bonafide in
pursuing the two remedies con- secutively, the court may
decline to condone the delay in filing
distinguished on the ground that the plaintiff's two remedies in those suits were based upon one and the same transaction ... when two remedies are open to him. It depends on whether the remedies are-inconsistent, election being the choice between the two or more
that although there may not be a statutory bar to avail two remedies simultaneously and an appeal as also an application for setting aside ... appeal may lie from an original decree passed ex parte. Two remedies are available to an aggrieved person to question the ex parte decree
come into play only when statutorily a party who has got two remedies,
chooses to exercise the two remedies separately ... jurisdiction is untenable in law. The law provides for two remedies in so
for as the cause of action for filing the instant suit
