Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Constitution of India – |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Constitution of India – Writ petition – Exceeding of jurisdiction by High Court – Respondent no.1-writ petitioner bought properties auctioned in pursuance of Recovery Certificate which was in favour of bank – 25% of the bid price deposited as earnest money – Respondent no.1 filed application seeking some clarity in the matter, replied by Bank – However, thereafter the Recovery Officer dismissed the application and forfeited 10% of the amount deposited– Appeal filed by respondent no.1, dismissed by DRT – Appeal before DRAT, no interim relief granted – Respondent-Bank herein sought to put the property to auction – Application to seek interim relief from the DRAT was renotified after the date of the proposed auction – Apprehending the interim relief application to become infructuous, respondent no.1 filed writ petition before High Court – Writ petition disposed of by High Court, further opportunity granted to deposit the balance amount with damages – Review petition, dismissed – On appeal by original respondent no.2-original borrower – Held: What was challenged before High Court was non-grant of interim relief pending the appeal before DRAT – However, High Court decided the writ petition as if it was considering the final decision of DRAT – Order passed by DRT confirming the order passed by the Recovery Officer forfeiting 10% amount deposited by the auction purchaser was yet to be decided by DRAT – Main appeal was yet to be decided by DRAT on merits – High Court made the proceedings before DRAT infructuous as after the impugned judgment nothing further is required to be decided by DRAT – High Court went beyond the scope and ambit of the proceedings before it and exceeded its jurisdiction – Judgment passed by High Court set aside – DRAT to decide the appeal. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 192 |
Petitioner | Srs Advertising & Marketing Pvt. Ltd. Ors |
Respondent | Mr. Kamal Garg & Anr. |
SCR | [2022] 2 S.C.R. 254 |
Judgement Date | 2022-02-16 |
Case Number | 1302-1303 |
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