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2016 (12) TMI 253 - GUJARAT HIGH COURTIssuance of the notices under section 13(2) of the SARFAESI Act seeked to be set aside - present petition invoking writ jurisdiction of this Court under Article 226 - Held that:- It is trite that in all the area of matters involving commercial disputes, the rule of alternative remedy has to be adhered to steadfast, instead of allowing the petitioners to straightway approach the High Court in a writ jurisdiction. In this view of the matter, the petitioners are required to be relegated to the said remedy and the present petition is not liable to be entertained. All the contentions on merits are open to be raised by both the parties before the Tribunal. In the aforesaid view, this petition is dismissed, relating the petitioners to avail the remedy under Section 17 of the SARFAESI Act, 2002. It is clarified that this Court has not gone into the merits of the case. The petition stands dismissed of as not entertained subject to above.
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