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september 2008

Supreme Court of India · 2008-09-16

Mariamma Roy vs Indian Bank & Ors

Court
Supreme Court of India
Petitioner
Mariamma Roy
Respondent
Indian Bank & Ors
Bench
Tarun Chatterjee, Aftab Alam

Judgment text excerpt

The Supreme Court held that the dismissal of the writ petition by the High Court of Kerala was unjustified as it failed to consider whether the appellant was served with notice before the impugned order was passed. The Court emphasized that even if an alternative remedy exists under the Recovery of Debts due to Banks and Financial Institutions Act, 1993, a writ application can still be entertained if there is a violation of the principle of natural justice. Consequently, the impugned order was set aside, and the matter was remitted back to the High Court for a decision on merits.

Mariamma Roy vs Indian Bank & Ors · Niyam