Supreme Court of India · 2008-01-08
ORIENTAL BANK OF COMMERCE vs SUNDER LAL JAIN
- Citation / case number
- SC 2005/26364
- Court
- Supreme Court of India
- Petitioner
- ORIENTAL BANK OF COMMERCE
- Respondent
- SUNDER LAL JAIN
- Author
- AFTAB ALAM G.P. MATHUR
- Bench
- AFTAB ALAM G.P. MATHUR
Judgment text excerpt
The Supreme Court held that the Delhi High Court's order directing Oriental Bank of Commerce to declare the respondents' account as Non-Performing Asset (NPA) from 31st March 2000 was not maintainable, as the respondents failed to appeal the Debt Recovery Tribunal's decree from 14.11.2003, which had attained finality. The Court emphasized that the respondents had an available remedy under the Debt Recovery Act and could not seek relief through a writ petition after the decree was passed. Consequently, the Supreme Court set aside the High Court's order, reinforcing the finality of the DRT's decision and the proper legal recourse available to the respondents.