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2016 (5) TMI 822 - HC - Indian LawsSARFAESI Act - alternative statutory remedy - maintainability of petition - Held that:- An action under Section 14 of the Act constitutes an action taken after the stage of Section 13(4), and therefore, the same would fall within the ambit of Section 17(1) of the Act. Thus, the Act itself contemplates an efficacious remedy for the borrower or any person 1 affected by an action under Section 13(4) of the Act, by providing for an appeal before the DRT. Thus, any aggrieved person can file appeal before the Debts Recovery Tribunal and therefore when alternative statutory remedy of filing an appeal under Section 17 of the SARFAESI Act is available to the petitioner, learned Single Judge has rightly not entertained the petition. We are also in complete agreement with the reasoning given by the learned Single Judge while rejecting the petition. In view of the aforesaid discussion, this appeal is required to be dismissed and accordingly dismissed. However, it is clarified that if the appeal is filed under Section 17 of the SARFAESI Act, the DRT shall decide the same in accordance with law on its own merits without being influenced by the observations made by us in this order.
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