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2009 (7) TMI 765 - SC - Companies LawWhether the DRT would have jurisdiction to consider and adjudicate with regard to post section 13(4) events or whether its scope in terms of section 17 of the SARFAESI Act would be confined to the stage contemplated under section 13(4), as contended on behalf of the appellants. Whether the possession of the secured assets had been taken in accordance with the SARFAESI Act and the rules framed thereunder? Held that:- Appeal dismissed. Unable to agree with or accept the submissions made on behalf of the appellants that the DRT had no jurisdiction to interfere with the action taken by the secured creditor after the stage contemplated under section 13(4) of the Act. On the other hand, the law is otherwise and it contemplates that the action taken by a secured creditor in terms of section 13(4) is open to scrutiny and cannot only be set aside but even the status quo ante can be restored by the DRT.
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