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2018 (12) TMI 26 - HC - Indian LawsMaintainability of petition - alternative remedy of appeal under Section 18 of the SARFAESI Act - respondent had directed the petitioner to hand over the possession of the secured assets on account of failure to discharge full amount of loan - Held that:- Admittedly, the petitioner has not challenged the order dated 20.9.2018 (Annexure P-8) passed by the Tribunal. The petitioner cannot challenge the impugned notice dated 15.10.2018 (Annexure P-10) without challenging the order, Annexure P-8. It was under such circumstances that no order favourable to the petitioner can be passed. Further, against the order of the Tribunal there is a remedy of appeal under Section 18 of the SARFAESI Act. The Apex Court in Commissioner of Income Tax and others vs. Chhabil Dass Agarwal, [2013 (8) TMI 458 - SUPREME COURT], considered the question of entertaining writ petition where alternative statutory remedy was available, where it was held that Writ Court ought not to have entertained the Writ Petition filed by the assessee, wherein he has only questioned the correctness or otherwise of the notices issued under Section 148 of the Act, the re-assessment orders passed and the consequential demand notices issued thereon. The writ petition is dismissed being not maintainable.
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