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january 2018

Supreme Court of India · 2018-01-30

Authorized Officer, State Bank Of ... vs Mathew K.C.

Citation / case number
AIR 2018 SUPREME COURT 676
Court
Supreme Court of India
Petitioner
Authorized Officer, State Bank Of ...
Respondent
Mathew K.C.
Author
Navin Sinha
Bench
Navin Sinha, Rohinton Fali Nariman

Judgment text excerpt

The Supreme Court held that the High Court erred in entertaining a writ petition under Article 226 of the Constitution concerning the SARFAESI Act, as adequate alternate statutory remedies were available under Section 17 and Section 18 of the Act. The Court emphasized that the SARFAESI Act is a complete code for the recovery of dues and that interim orders should not be granted without proper consideration of the opposing party's submissions. The appeal was allowed, and the interim order was set aside, reinforcing the need for adherence to statutory procedures in financial recovery matters.

Authorized Officer, State Bank Of ... vs Mathew K.C. · Niyam