TMI Blog2017 (2) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... properly pursued. It is held by the Supreme Court that order under section 14 of the Act also constitutes post-13(4) stage to avail alternative remedy and challenge the order passed under section 14 of the Act. In United Bank of India vs. Satyawati Tondon and Others [2010 (7) TMI 829 - SUPREME COURT], the Supreme Court cautioned about the High Court readily entertaining writ petitions even though an efficacious remedy of appeal under section 17 is available to the aggrieved party. Learned advocate for the petitioners fairly stated that he would approach the Tribunal by preferring appeal and raise all the contentions which are sought to be raised in this petition. The petitioners are permitted accordingly, and therefore relegated to the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Arbitration Act seeking to restrain its landlord from dispossessing the petitioner from the property. It is further stated that the second petitioner took on 02.04.2007 the property described as Survey No.438/2, behind Madhusudan Ceramics, besides Sudarshan Oil Mill, Kundal, Kadi, District Mehsana on rent from its owner one M/s. Neel Oil Industries by way of tenancy agreement of the aforesaid date. 3.1 It appears that the respondent-Cosmos Cooperative Bank Limited issued notice dated 18.09.2015 to abovenamed M/s. Neel Oil Industries through its partners of which one of the partners and addressee of the notice was said Dilipbhai Chandulal Patel. It was a notice under Section 13(4) of the SARFAESI Act calling upon the borrower/guaranto ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upon the secured asset, the Debts Recovery Tribunal, after examining the facts of the case and evidence produced by the parties in relation to such claims shall, for the purpose of enforcement of security interest, have the jurisdiction to examine whether lease or tenancy.- (a) has expired or stood determined; or (b) is contrary to section 65A of the Transfer of Property Act, 1882; or (c) is contrary to terms of mortgage; or (d) is created after the issuance of notice of default and demand by the Bank under sub-section (2) of section 13 of the Act; and (ii) the Debts Recovery Tribunal is satisfied that tenancy right or leasehold rights claimed in secured asset falls under sub-clause (a) or sub-clause (b) or sub-clause (c) or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed, is an appropriate stage where the remedy before the Tribunal could be properly pursued. It is held by the Supreme Court that order under section 14 of the Act also constitutes post-13(4) stage to avail alternative remedy and challenge the order passed under section 14 of the Act. In United Bank of India vs. Satyawati Tondon and Others [(2010) 8 SCC 110], the Supreme Court cautioned about the High Court readily entertaining writ petitions even though an efficacious remedy of appeal under section 17 is available to the aggrieved party. 6.1 Learned advocate for the petitioners fairly stated that he would approach the Tribunal by preferring appeal and raise all the contentions which are sought to be raised in this petition. The petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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