TMI Blog2016 (4) TMI 614X X X X Extracts X X X X X X X X Extracts X X X X ..... very Tribunal. It is trite that in the matters involving commercial dispute, rule of alternative remedy is adhered to and applied steadfast. Present petition is not entertained. The petitioner is at liberty to approach the Debts Recovery Tribunal in accordance with law. - SPECIAL CIVIL APPLICATION NO. 4694 of 2016 - - - Dated:- 28-3-2016 - MR. N.V.ANJARIA, J. FOR THE PETITIONER : MR DEE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Section 13(4) of the Act. The symbolic possession of the property in question has been admittedly taken by the respondent. 4. There are more than one reasons as to why this Court is disinclined to entertain the present petition. The auction notice sought to be challenged by the petitioner was issued on 16.02.2016. The same was published in two newspapers. Immediately and simultaneously on 18. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e SARFAESI Act is a post-13(4) stage. The petitioner therefore has an alternative statutory remedy of filing an appeal under Section 17 of the Act before the Debts Recovery Tribunal. It is trite that in the matters involving commercial dispute, rule of alternative remedy is adhered to and applied steadfast. 5.1 In United Bank of India vs. Satyawati Tondon and Others [(2010) 8 SCC 110], the Supr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Legislatures for recovery of such dues are code unto themselves inasmuch as they not only contain comprehensive procedure for recovery of the dues but also envisage constitution of quasi judicial bodies for redressal of the grievance of any aggrieved person. Therefore, in all such cases, High Court must insist that before availing remedy under Article 226 of the Constitution, a person must exhaust ..... X X X X Extracts X X X X X X X X Extracts X X X X
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