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january 2018

Supreme Court of India · 2018-01-30

AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE vs MATHEW K.C.

Citation / case number
SC 2015/25156
Court
Supreme Court of India
Petitioner
AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE
Respondent
MATHEW K.C.
Author
HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN
Bench
HON'BLE MR. JUSTICE NAVIN SINHA HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

Judgment text excerpt

The Supreme Court held that the High Court erred in entertaining a writ petition under Article 226 against the proceedings initiated under the SARFAESI Act, specifically Section 13(4), as adequate alternate statutory remedies were available to the Respondent. The Court emphasized that the SARFAESI Act is a complete code for the recovery of dues and that the interim order staying proceedings was granted without giving the Appellant Bank an opportunity to respond. The Court set aside the interim order and directed that the proceedings under the SARFAESI Act should continue, reinforcing the principle that writ jurisdiction should not be exercised when an alternative remedy exists.

AUTHORIZED OFFICER, STATE BANK OF TRAVANCORE vs MATHEW K.C. · Niyam