LIVE Online Course on NDPS by Riva Pocha and Adv. Taraq Sayed. Starting from 24th May. Register Now!!
LAW Courses

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More


The highlights of above ruling are as under:-

(a) Actions taken by the secured creditor u/s 13(4) (e.g.  notice of possession) are open to scrutiny u/s 17. Such actions can not only be set aside but even status quo ante can be restored by the DRTs.

(b) Action u/s 14 constitutes an action taken after stage of section 13(4) and same would fall within the

ambit of of sec. 17 of the Act.

(c) Before filing any writ under Art 226 of the Constitution, the following should be considered whether:-

(i)  adjudication of writ petition involves any complex and disputed questions of facts and whether they can be satisfactorily resolved;

(ii) the petition reveals all material facts;

(iii) The petitioner has any alternative or effective remedy for the resolution of the dispute;

(iv) person invoking jurisdiction is guilty of unexplained delay and laches;

(v) ex facie barred by any laws of limitation;

(vi) grant of relief is against public policy or barred by any valid law; and host of other factors.


"Loved reading this piece by Narendra Sharma?
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"






Tags :


Category Corporate Law, Other Articles by - Narendra Sharma 



Comments


update
Post a Suggestion for LCI Team
Post a Legal Query