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2016 (4) TMI 1251 - HC - Indian LawsCommercial disputes - eligibility to order under Section 14 of SERFAESI ACT whereby the respondent-Bank was given the police assistance for the purpose of taking possession of the mortgaged property, came to be passed by the District Magistrate at the instance of Bank, by by-passing his rights and without affording him the necessary opportunity - Held that:- In relation to commercial disputes and matters, the remedy before the alternative forum specially created under the special statute has to be necessarily resorted to before a party can be permitted to invoke the extra-ordinary jurisdiction and writ powers of this Court under Article 226 of the Constitution. In such matters, the normal rule of relegating the party to the alternative remedy and not allowing the approaching to the High Court straightway would require a steadfast adherence. As a result, this petition is not entertained and dismissed, relegating the petitioner to the remedy of Appeal before the Debts Recovery Tribunal which may be resorted to by the petitioner, if advised.
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