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2010 (7) TMI 281 - HC - Companies LawNotice issued under section 13(2) of the SARFAESI Act, 2002 challenged - Held that:- in the present case, the petitioner is aggrieved against the impugned notice issued under section 13(2) of the SARFAESI Act, 2002 and the petitioner-company has also submitted objection, which have not be accepted by the respondent-bank. The petitioner-company in case an order is passed against it under section 13(4) of the SARFAESI Act, 2002, has got an alternative remedy available under the SARFAESI Act, 2002 before the Debts Recovery Tribunal under section 17 of the said Act, and therefore, keeping in view the judgment delivered by the Division Bench of the Madras High Court in the case of Digivision Electronics Ltd. v. Indian Bank [2005 (7) TMI 358 - HIGH COURT OF MADRAS] the petitioner does have a right of appeal to the Debts Recovery Tribunal under section 17, and therefore, no case is made out for interference in the matter, in the peculiar facts and circumstances of the case. The present writ petition is dismissed.
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