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2016 (12) TMI 364 - HC - Indian LawsNotice under SARFAESI Act challenged - Held that:- It is trite that the High Court exercising jurisdiction under Article 226 of the Constitution would be loath to entertain the petition straightway when aggrieved person has got an alternative statutory remedy. The remedy before the Tribunal is not only statutory remedy available, it is efficacious remedy where the parties can lead evidence in support of their case. All the contentions which are sought to be raised in this petition by the petitioners could well be raised and agitated in the Appeal before the Tribunal. The matter in commercial realm. In such cases, rule of availment of alternative statutory remedy has to be adhered to steadfast. This petition is not entertained and is hereby dismissed. It is clarified that this Court has not gone into the merits of the case of the petitioners. It will be open for the petitioners to raise all the contentions and prayers before the Tribunal in the Appeal which they may opt to prefer. Dismissed as above.
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