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2018 (10) TMI 710 - HC - CustomsMaintainability of application before DRT - Demand of possession of the secured assets from the borrower/petitioner - default in repayment of loan - Section 13(4)(a) of SARFAESI Act, 2002 - violation of principles of natural justice - customs duty exemption against Export Promotion Capital Goods (EPCG) License - It is the contention of the petitioner that the 1st respondent does not come with the secured creditors under Section 2(zd), there is no security agreement under Section 2(zb), there is no secured debt under Section 2(ze) and there is no security interest under Section 2(zf) and therefore, the proceedings under SARFAESI Act could not be initiated. Held that:- All these contentions can be taken when an application under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal. Time and again, the Hon'ble Supreme Court as well as this Court has held that when there is an effective and alternative remedy, ordinarily writ jurisdiction should not be invoked and on the facts and circumstances of this case, we do not find that there is any extraordinary / exceptional circumstances, invoking the jurisdiction of this Court under Article 226 of the Constitution of India. In Satyawati Tondon's case, [2010 (7) TMI 829 - SUPREME COURT] the Hon'ble Supreme Court has held that the tribunals constituted under the SARFAESI Act, 2002, is competent to decide all questions of law and fact - Grounds raised in this instant writ petition, can always be urged before the tribunal. Petition dismissed.
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