Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Administration of Justice – Abuse of Process of Law – Debts Due to Banks and Financial Institutions Act 1993 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Administration of Justice – Abuse of Process of Law – Debts Due to Banks and Financial Institutions Act, 1993 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Held: One after another, a number of proceedings were initiated by respondent No.1 by which he has delayed the proceedings initiated by the bank under the SARFAESI Act to recover the amount due and payable since 1986 and has stalled the recovery proceedings – In spite of the strong observations made by the adjudicating authority in the earlier order re-produced by the Single Judge in his judgment and the strong observations made by the Single Judge, the Division Bench was not justified in initially granting an ex-parte ad-interim relief and thereafter, to continue the same on withdrawal of the Letters Patent Appeal – Once the Division Bench did not interfere with the order passed by the Single Judge on merits, thereafter, it was not open for the Division Bench to pass an order permitting the Respondent No. 1 to withdraw the Letters Patent Appeal and also make observations that any of the observations made by the DRT as well as by Single Judge while dismissing the writ petition shall be ignored and/or shall not be taken into consideration – Allowing such a practice would tantamount to not only taking a chance before the court but would be indeed speculative and an abuse of the process of the court – Proceedings before the Court are not for taking the chance by the litigants – Impugned order passed by the Division Bench of the High Court, in so far as in terms of paragraphs 3(ii), 3(iii) and 4, is set aside – Further, the ex-parte interim order granted in the Letters Patent Appeal also stands vacated – Costs of Rs. 1,00,000/- to be deposited by respondent No.1. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2022 INSC 572 |
Petitioner | Kotak Mahindra Bank Limited |
Respondent | Narendra Jayantilal Trivedi & Anr. |
SCR | [2022] 19 S.C.R. 360 |
Judgement Date | 2022-05-13 |
Case Number | 4026-4027 |
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