When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
11 months, 1 week ago

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

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Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy. Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy of appeal under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Challenging the Debt Recovery Tribunal's order of auction sale by the Bank under the SARFAESI Act, the borrower filed a writ petition under Article 226 of the constitution before the High Court. Interference By High Courts Under Article 226 Adversely Impacts Rights of Banks and Financial Institutions To Recover Dues Observing that High Courts have been entertaining petitions arising out of the DRT Act and the SARFAESI Act in spite of the availability of an effective alternative remedy, the court stated that the High Courts shall be reminded of the following words of this Court in the case of United Bank of India v. Satyawati Tondon and Others.

History of this topic

Supreme Court Disapproves Of High Court Interdicting Insolvency Process Against Personal Guarantor At Threshold Stage In Writ Jurisdiction
3 weeks, 6 days ago
Article 226 | Writ Court Can Refuse Action Against Illegality To Do Substantial Justice : Supreme Court
1 month, 1 week ago
Higher Court's Order Becomes Final, Trial Court's Order Gets Merged With It : Supreme Court Explains Doctrine Of Merger
2 months ago
Sale By Way Of Public Auction Can't Be Set Aside Unless There's Material Irregularity Or Fraud/Collusion : Supreme Court
2 months, 1 week ago
High Court Can't Ordinarily Reappreciate Evidence In Article 226 Proceedings : Supreme Court
2 months, 1 week ago
High Courts Guardians Of Fundamental Rights & Constitution, Must Not Mechanically Dismiss Writ Petitions Over Delays And Laches : Supreme Court
3 months ago
High Court Under Article 226/227 Can Examine Validity Of Interlocutory Orders Passed By Arbitrator: Bombay High Court
3 months, 1 week ago
Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
6 months, 2 weeks ago
Local Debt Recovery Tribunal Must Be Established In Jammu And Kashmir, Says Supreme Court
7 months, 2 weeks ago
Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
1 year, 1 month ago
Can High Court Direct State Instrumentality To Award Contract In Favour Of Bidder Under Article 226? Supreme Court Discusses
1 year, 2 months ago
SARFAESI Act | As per Unamended S.13(8), Borrower Has Right To Redeem Available Till Sale Certificate Is Registered & Possession Is Handed Over : Supreme Court
1 year, 5 months ago
Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court
1 year, 5 months ago
Borrowers Should Avail Statutory Remedies Under SARFAESI Act Before Invoking Article 226 Against Recovery Proceedings: Delhi High Court
1 year, 7 months ago
SARFAESI Auction Can't Be Stayed Just Because Sale Agreement Holder Offered To Pay Dues, When Borrower Hasn't Invoked S.13(8) : Supreme Court
1 year, 10 months ago
Challenge Under Section 17 Of The SARFAESI Act Against Action Taken By Secured Creditor, Would Not Bar Arbitration Proceedings: Delhi High Court
2 years, 3 months ago
Supreme Court Deprecates HC Practice Of Entertaining Writ Petitions Filed In SARFAESI Matters Without Exhausting Alternative Remedy
2 years, 4 months ago
Writ Jurisdiction Can Be Exercised Only When Either The Person Or Authority To Which Writ Issued, Or Cause Of Action Is Within Its Territory: Delhi HC
2 years, 6 months ago
Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court
2 years, 8 months ago
Writ Petitions On The Ground Of 'Exceptional Circumstances' Against Order Passed By The Arbitral Tribunal Not Maintainable: Bombay High Court
2 years, 11 months ago
Petitioner Cannot File Writ Petition Before Exercising Remedy U/S 17 Of SARFAESI Act; Madras High Court
3 years, 2 months ago
Writ Petition By Borrowers Challenging SARFAESI Proceedings Initiated By Private Banks/ARCs Not Maintainable: Supreme Court
3 years, 2 months ago
Supreme Court Requests High Courts To Entertain SARFAESI, Bank Recovery Matters Under Writ Jurisdiction In View Of DRT/DRAT Vacancies
3 years, 3 months ago
Writ Petition Can Be Entertained Only In Exceptional Circumstances When Alternate Remedy Is Available: Supreme Court
3 years, 6 months ago
Supreme Court Expresses Concerns Of Judicial Propriety, Discipline Over P&H High Court Entertaining Fresh Plea When Proceedings Before It Pending
3 years, 6 months ago
Being A Court Of Record, High Court Can Review Its Own Judgments Under Article 226 Of the Constitution: Kerala High Court
3 years, 9 months ago
Petition Styled As One Under Article 226 Would Not Bar High Court To Exercise Its Jurisdiction Which Otherwise It Possesses: Supreme Court
3 years, 11 months ago
Recording Of Reasons: Approach Of Article 136 Cannot Be Adopted While Deciding Petitions By The High Court Under Article 227 : Supreme Court
4 years, 1 month ago
[Article 226] Writ Petition Not Maintainable Against Judicial Order Passed By High Court: SC [Read Order]
4 years, 6 months ago
HC In Exercise Of Writ Jurisdiction Can Pass An Order Interdicting Legal Fiction, Provided It Had Not Come Into Operation: SC [Read Judgment]
5 years ago
No Blanket Ban On Exercise Of Writ Jurisdiction By High Court Even When Alternative Remedies Are Available: SC [Read Judgment]
5 years, 2 months ago
Alternative Remedy And Supervisory Jurisdiction Of High Courts Under Article 227 Of Constitution
5 years, 5 months ago
Can SC Interfere With HC's Discretion Entertaining Writ Petition In Spite Of There Being Alternative Remedy? SC Bench Delivers Split Judgment [Read Judgment]
5 years, 6 months ago
Writ Petitions In Contract Matters Maintainable When There Is Arbitrariness By The State: SC [Read Order]
5 years, 11 months ago
Writ Petition Under Article 227 Challenging Judicial Orders Are Maintainable, But Not Under Article 226: SC [Read Judgment]
6 years, 2 months ago

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