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february 2024

Supreme Court of India · 2024-02-13

DIRECTORATE OF ENFORCEMENT vs NIRAJ TYAGI

Citation / case number
SC 2023/31911
Court
Supreme Court of India
Petitioner
DIRECTORATE OF ENFORCEMENT
Respondent
NIRAJ TYAGI
Author
PANKAJ MITHAL BELA M. TRIVEDI
Bench
HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MS. JUSTICE BELA M. TRIVEDI

Judgment text excerpt

The Supreme Court addressed appeals against interim orders of the Allahabad High Court that stayed FIR proceedings and coercive actions against respondents in a financial dispute involving India Bulls Housing Finance Limited (IHFL) and M/s Kadam Developers Pvt. Ltd. The Court emphasized the need for a balanced approach in financial disputes, particularly under the SARFAESI Act, and held that the High Court's stay orders were inappropriate given the ongoing recovery proceedings. The Court directed that the interim orders be set aside, allowing IHFL to proceed with its recovery actions.

DIRECTORATE OF ENFORCEMENT vs NIRAJ TYAGI · Niyam