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).