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2016 (12) TMI 365 - HC - Indian LawsEntitlment to sell the properties - auctioning the secured assets in exercise of powers under Section 13(4) of the SARFAESI Act - Held that:- In the present case, as noted a clear remedy of Appeal is available under Section 17 of the Act. The dispute between the parties fall in the commercial realm where the dispute of such nature, namely commercial, are to be agitated, rule of alternative remedy has to be adhered to steadfast. As the alternative forum would be expert body equipped and competent to dealt with the factual aspects and investigate into the matters into the special realm. Therefore, it is trite that the petitioners are relegated to the alternative remedy. Accordingly the petitioners cannot be allowed to invoke writ jurisdiction of this Court straightway. The petitioners are hereby relegated to approach the Tribunal to avail alternative remedy of Appeal. All the contentions which are raised in this petition may be raised in accordance with law while pursuing the alternative remedy. This Court has not gone into the merits of the case of the petitioners and this petition is not entertained on the aforesaid ground alone.
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