Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]
6 years, 3 months ago

Despite Several Judgments Of This Court, HCs Keep Granting Interim Orders In Favour Of Persons Who Are NPAs, Says SC [Read Order]

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The Supreme Court recently set aside a high court order that had granted an interim order in writ petitions filed in SARFAESI matters.The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha said: “Despite several judgments of this Court, including a judgment by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018, in Authorized Officer, State Bank of Travancore. The Supreme Court recently set aside a high court order that had granted an interim order in writ petitions filed in SARFAESI matters. The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha said: “Despite several judgments of this Court, including a judgment by Hon’ble Mr. Justice Navin Sinha, as recently as on 30.01.2018, in Authorized Officer, State Bank of Travancore and Anr. vs. Mathew K.C., 3 SCC 85, the High Courts continue to entertain matters which arise under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and keep granting interim orders in favour of persons who are Non-Performing Assets.” Allowing the appeal by the ICICI Bank, it said: “The writ petition, in this case, being not maintainable, obviously, all orders passed must perish, including the impugned order, which is set aside.” The same bench, in January this year, had delivered a judgment disapproving such approach of the Kerala High Court.

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