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august 2012

Supreme Court of India · 2012-08-01

M/S. OPTIEMUS INFRACOM LTD. vs M/S. ISHAN SYSTEMS PVT.LTD.

Citation / case number
SC 2012/22608
Court
Supreme Court of India
Petitioner
M/S. OPTIEMUS INFRACOM LTD.
Respondent
M/S. ISHAN SYSTEMS PVT.LTD.
Author
CHELAMESWAR ALTAMAS KABIR
Bench
J. CHELAMESWAR ALTAMAS KABIR

Judgment text excerpt

The Supreme Court held that the Allahabad High Court exceeded its jurisdiction by issuing directions in a writ petition after finding no grounds to interfere with the Appellate Authority's order. The Court emphasized that the High Court should not have granted an injunction without providing the appellants an opportunity to be heard, violating principles of natural justice. The judgment of the High Court was set aside, and the matter was remanded for proper consideration in accordance with the law, particularly under Section 17(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).

M/S. OPTIEMUS INFRACOM LTD. vs M/S. ISHAN SYSTEMS PVT.LTD. · Niyam