2019 (3) TMI 1957

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..... rt of India in AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE AND ANOTHER VERSUS MATHEW K.C. [ 2018 (2) TMI 25 - SUPREME COURT] and AGARWAL TRACOM PVT. LTD. VERSUS PUNJAB NATIONAL BANK ORS. [ 2017 (11) TMI 1523 - SUPREME COURT] held that the aggrieved parties cannot challenge the SARFAESI proceedings directly by filing a Writ Petition under Article 226 of the Constitution of India without exhaus .....

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..... .10.2018 issued by the 2nd respondent in favour of the 3rd respondent and to quash the same. 2. The petitioner has challenged the Sale Certificate contending that an Insolvency Petition in I.P.No.52 of 2017 on the file of the Principal Sub Court, Salem, filed by the 1st respondent is pending and therefore, the Sale Certificate has to be set aside. For the default committed by the petitioner in .....

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..... 226 of the Constitution of India without exhausting the appeal remedy available to them. 4.2. In a recent decision of the Supreme Court dated 05.10.2018 in ICICI Bank Limited v. Umakanta Mohapatra, Civil Appeal Nos.10251 10265 of 2018 arising out of SLP (C) Nos.16758 16772 of 2015, the Supreme Court has referred to the decision in Authorized Officer, State Bank of Travancore and Anr. vs. Ma .....

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