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2019 (10) TMI 220 - HC - Indian LawsMaintainability of petition - availability of alternate remedy of appeal - Payment of balance One Time Settlement (OTS) amount - grant of 6 months time to pay balance OTS amount from the date of disposal of the writ petition - SARFAESI Act - HELD THAT:- The recovery proceedings is initiated under SARFAESI Act. The SARFAESI Act provides for alternative remedy under Section 17 of the SARFAESI Act. Since, the petitioner has alternate remedy available under the Statue, it may not be appropriate for this Court to entertain the writ petition. But, it is not total bar to entertain the writ petition, when the petitioner makes out extraordinary ground. In the case on hand, no extraordinary ground is made out to entertain the writ petition except saying that if petitioner is granted some time he would make payment. The petitioner has not complied with the terms of one time settlement. Hence, as the petitioner has alternate and efficacious remedy under the SARFAESI Act, the writ petition is not entertained - petition dismissed.
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