Niyam v2 is live — start for just ₹100 — 200 credits to try

august 2012

Supreme Court of India · 2012-08-01

M/S. Optiemus Infracom Ltd vs M/S. Ishan Systems Pvt.Ltd. & Anr

Citation / case number
AIRONLINE 2012 SC 395
Court
Supreme Court of India
Petitioner
M/S. Optiemus Infracom Ltd
Respondent
M/S. Ishan Systems Pvt.Ltd. & Anr
Bench
J.Chelameswar, Altamas Kabir

Judgment text excerpt

The Supreme Court held that the Allahabad High Court lacked jurisdiction to entertain the writ petition filed against the Debts Recovery Tribunal's order under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The Court found that the High Court's decision to issue directions and an injunction without notice to the appellants was improper, as it had already determined there were no grounds to interfere with the Appellate Authority's order. Consequently, the Supreme Court dismissed the writ petition, affirming the jurisdictional issues raised by the appellants.

M/S. Optiemus Infracom Ltd vs M/S. Ishan Systems Pvt.Ltd. & Anr · Niyam