Recovery Of Excess Payment Made By Mistake Is Permissible When Employee Furnished An Undertaking To Refund: Supreme Court Anticipatory Bail Application Under Sec 482 BNSS Is Maintainable Even If No Formal Order Of Arrest Is Passed By CGST Authorities: Allahabad High Court Consensual Physical Relationship Following Three-Year Courtship Does Not Amount To Rape If Marriage Promise Fails: Supreme Court Criminalization Of Civil Disputes | Courts Must Not Engage In Speculative Reasoning While Dealing With Quashing Petitions Under Section 482 CrPC: Supreme Court Mere Recovery Of Tainted Money In The Absence Of Proof Of Demand Is Insufficient To Sustain Conviction Under Section 7 And 13 PC Act: Supreme Court High Court Cannot Quash NDPS Proceedings Merely Relying On Jurisprudence Regarding Evidentiary Value Of Confessional Statements: Supreme Court Extra-Judicial Confession Made While In Police Custody Is Inadmissible In Evidence: Supreme Court Taxing Authorities Must Levy Tax Based On The Form Of Goods At The Time Of Sale, Not On Potential End Use: Supreme Court Punjab & Haryana High Court Orders CBI Probe Into State Corruption Scams After Punjab Police Fails To Act On ED’s Section 66(2) PMLA Referral Section 482 CrPC | FIR Based On Consensual Relationship Gone Sour Cannot Be Sustained To Coerce Marriage: Supreme Court CISF Personnel Soliciting Bribes For Employment Is Guilty Of 'Gross Misconduct' Under Section 18 CISF Act: Andhra Pradesh High Court PIL | State Cannot Use Demolition Powers To Silence Whistleblowers Or Deflect Accountability: Punjab & Haryana High Court Criminal Proceedings Against In-Laws Without Specific Allegations Of Overt Acts Constitute Abuse Of Process: Supreme Court Order 22 Rule 9 CPC | Admission In An Abated Suit Does Not Constitute Estoppel Against Landlord In A Fresh Eviction Proceeding: Calcutta High Court Arbitral Award Cannot Be Set Aside For Non-Adjudication Of Claims Specifically Abandoned By Parties: Delhi High Court Mere Long Possession Is Not Adverse Possession; Defendant Must Prove Hostile Animus To Deny Title Of True Owner: Himachal Pradesh High Court Reopening Of Assessment Under Sec 148A(d) Income Tax Act Cannot Be Based On 'Change Of Opinion' Without Fresh Tangible Material: Gujarat High Court Municipal Authorities Must Initiate Formal Proceedings And Grant Opportunity Of Hearing Before Sealing Premises:  Jharkhand High Court Court Cannot Compel Third-Party To Undergo DNA Test Unless Necessary For Just Adjudication: Madhya Pradesh High Court Trial Court Cannot Defer Bail Application Merely Because A Transfer Petition Is Pending In High Court: Punjab & Haryana High Court Section 108 BNS | Mere Taunts Or Harassment Regarding Not Bearing A Male Child Do Not Constitute Abetment To Suicide: Rajasthan High Court Daily-Wage Employees Treated As Permanent Under 1988 Government Resolution Entitled To Annual Increment Benefits: Supreme Court

High Court Should Refrain From Entertaining Matters When Alternative Remedy Under SARFAESI Act Is Available: Supreme Court

07 May 2024 8:19 AM

By: Admin


In a significant judgment, the Supreme Court of India in the case of PHR Invent Educational Society v. UCO Bank & Others, delivered on April 10, 2024, observed that High Courts should refrain from entertaining writ petitions under Article 226 of the Constitution when an efficacious alternative remedy under the SARFAESI Act is available, except in specific exceptional circumstances.

The judgment hinged on the legal question of the High Court’s jurisdiction in entertaining writ petitions against orders passed under the SARFAESI Act, particularly when statutory alternative remedies are available.

The appellant, PHR Invent Educational Society, appealed against the High Court’s order, which had set aside the Debts Recovery Tribunal’s (DRT) dismissal of the borrower’s application for restoration of a Securitization Application post-auction of mortgaged properties. The primary issue was whether the High Court was justified in entertaining the writ petition despite an alternative remedy being available under the SARFAESI Act.

Alternative Remedy and High Court’s Jurisdiction: The Court observed that the High Court erred in entertaining the writ petition when an alternative remedy was available under the SARFAESI Act. It emphasized that the High Courts should not interfere in such matters, citing the Supreme Court’s decision in the Chhabil Dass Agarwal case.

Validity of Auction Purchase and Borrower’s Conduct: The Court noted that the auction sale, once confirmed, should only be interfered with in cases of fraud or collusion, which was not present in this case. The Court also highlighted the borrower’s failure to comply with the DRT’s order, which had a direct impact on the outcome.

Exercise of Jurisdiction under Article 226: The Supreme Court reiterated its stance that petitions under Article 226 should not be entertained in the presence of an effective alternative remedy, except in exceptional circumstances, which were not found in this case.

Decision: The Supreme Court allowed the appeal, setting aside the High Court’s order dated February 4, 2022, in Writ Petition No. 5275 of 2021, and dismissing the writ petition with costs imposed upon the borrower.

Date of Decision: April 10, 2024

PHR Invent Educational Society v. UCO Bank & Others

 

Latest Legal News