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2016 (11) TMI 840 - HC - Indian LawsRemedy of appeal under section 17 of the SARFAESI Act - Held that:- It is trite principal to be followed stead-fast in commercial matters that rather than straightway invoking the jurisdiction of the high court under Article 226 of the of the Constitution, an aggrieved party avails and exhausts the alternative remedy. The aforesaid principle unequivocally stem from the decisions of the apex court and of this court referred to hereinabove. In the aforesaid circumstances, the Court is not inclined to exercise writ jurisdiction against the present challenge. The petitioner is required to be relegated to the remedy of Appeal before Debts Recovery Tribunal and he is being so relegated hereby. Petition is dismissed only on the ground that the petitioner has alternative remedy of filling of an appeal before the Debt Recovery Tribunal under section 17 of the Act. The petitioners are hereby relegated to the said remedy. It is open to the petitioners to raise all the contentions before the Tribunal in the appeal which they may now file.
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