Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | - Writ jurisdiction Debt Recovery Tribunal Recovery of Debts |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India, Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (51 of 1993) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Constitution of India, 1950 - Article 226 - Writ jurisdiction under - In the matter of recovery of dues to the Bank under Recovery of Debts Act - Original application filed by Bank before Debt Recovery Tribunal - The defendants filing applications before Tribunal for direction to the Bank to produce certain documents - Application dismissed - Writ Petition - Single Judge of High Court holding that documents were necessary for filing Additional Written Statement - Division Bench of High Court allowed Writ Appeal holding that the defendant had alternative remedy available u/s. 20 of the Act - On appeal, held: When specific remedy is available u/s. 20, interference in exercise of jurisdiction under Article 226 is not justified - Powers under Article 226 cannot be invoked in the matter of recovery of dues under the Act, unless there is any statutory violation resulting in prejudice to party or where such proceedings are arbitrary, unreasonable and unfair - Single Judge decided the matter on merit which is impermissible in exercise of jurisdiction under Article 226 - Intervention of the writ court has delayed the proceedings for four years defeating the very purpose and object of the Act - Recovery of Debts Due to Financial Institutions Act, 1993 - s. 20 - Administration of Justice.The respondent-Bank filed Original Application against the petitioner and respondent Nos. 2 to 6 before Debts Recovery Tribunal for recovery of total amount of Rs. 1,59,51,477 .93 with interest @ 17%. The appellant and respondent Nos. 2 to 6 filed interim applications before the tribunal seeking a direction to produce the extract of accounts as well as documents relating to banking transactions. The applications were rejected on the ground that the intention of the petitioner was only to delay the proceedings. Petitioner challenged the order of the Tribunal in a Writ Petition. Single Judge of High Court allowed the petition holding that the documents were necessary for the purpose of filing additional written statement. Division Bench of High Court allowed the writ appeal, holding that alternative remedy was available u/s. 20 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Hence the present petition. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 92 |
Petitioner | T.p. Vishnu Kumar |
Respondent | Canara Bank P.n. Road, Tiruppur & Ors. |
SCR | [2013] 1 S.C.R. 977 |
Judgement Date | 2013-02-11 |
Case Number | 1258-1260 |
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