Sri. Mahesh P B v. Piramal Capital and Housing Finance Ltd.
Case brief
What is this about?
Petitioners challenged a Magistrate order permitting the lender to take physical possession of secured assets under Section 14 of the SARFAESI Act. The High Court held that the statutory appeal under Section 17 provides an alternative remedy, dismissed the petition, and permitted filing an appeal before the DRT within three weeks without limitation objection.
What did the court decide?
Liberty to file Section 17 SARFAESI appeal before DRT within three weeks; DRT not to raise limitation; no precipitative action till appeal filed.