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Supreme Court of India · 2014-03-14

J.RAJIV SUBRAMANIYAN vs M/S PANDIYAS .

Citation / case number
SC 2011/26734
Court
Supreme Court of India
Petitioner
J.RAJIV SUBRAMANIYAN
Respondent
M/S PANDIYAS .
Author
SURINDER SINGH NIJJAR
Bench
A.K. SIKRI SURINDER SINGH NIJJAR

Judgment text excerpt

The Supreme Court upheld the dismissal of the writ petition by the Madras High Court, affirming that the maintainability of the writ was questionable due to the existence of an alternative remedy under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002), specifically Sections 13(2) and 13(4). The Court emphasized that the appellants did not press the issue of maintainability, focusing instead on the merits of the case. The judgment reinforces the principle that when an alternative statutory remedy is available, a writ petition may not be maintainable.

J.RAJIV SUBRAMANIYAN vs M/S PANDIYAS . · Niyam