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october 2023

Supreme Court of India · 2023-10-13

Pankaj Kumar Tiwari vs Indian Overseas Bank Asset Recovery ...

Court
Supreme Court of India
Petitioner
Pankaj Kumar Tiwari
Respondent
Indian Overseas Bank Asset Recovery ...
Author
Abhay S.Oka
Bench
Pankaj Mithal, Abhay S.Oka

Judgment text excerpt

The Supreme Court examined the validity of a High Court stay on a Civil Court order concerning a bank's recovery proceedings under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. The Court emphasized the importance of respecting the jurisdiction of Civil Courts in recovery matters and scrutinized whether the High Court's intervention under Article 226 was justified. The Court ultimately held that the High Court's stay was unwarranted, reaffirming the primacy of Civil Court proceedings in such cases. The appeal was allowed, and the stay was vacated.

Pankaj Kumar Tiwari vs Indian Overseas Bank Asset Recovery ... · Niyam