PANKAJ KUMAR TIWARI vs INDIAN OVERSEAS BANK ASSET RECOVERY MANAGEMENT BRANCH

The Supreme Court examined the validity of a High Court's stay on a Civil Court order under Article 226 of the Constitution, in a case involving a nationalized bank and a borrower with an equitable mortgage. The Court emphasized the importance of respecting the jurisdiction of civil courts over property disputes and questioned the legality of the High Court's interference. The Court clarified that the bank's proceedings under the SARFAESI Act do not preclude civil courts from exercising their jurisdiction, and the stay was unjustified. The appeal was allowed, and the High Court's order was set aside.