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2018 Supreme(SC) 1708

ROHINTON FALI NARIMAN, NAVIN SINHA
ICICI Bank Ltd. etc. etc. – Appellant
Versus
Umakanta Mohapatra Etc. Etc. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. E.R. Kumar, Ms. Tanya Chaudhry, M/s. Parekh & Co.
For the Respondent: Mr. Kedar Nath Tripathy, Mr. Ramendra Mohan Patnaik, Mr. Ashok Panigrahi, Mr. Vinay Ratnakar, Mr. S.K. Patri, Mr. T. Samantray, Ms. Baby Devi Bonia, Mr. S.K. Rajora, Dr. V. P. Appan, Mr. Narender S. Sangwan, Mr. D. Bharat Kumar, Mr. Tadimalla Bhaskar Gowtham, Mr. Aman Shukla, Mr. Vishal Arun, Mr. T. Mahipal, Mr. Prakash Ranjan Nayak

ORDER :

1. Delay condoned.

2. Leave granted.

3. 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., (2018) 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 (SARFAESI), and keep granting interim orders in favour of persons who are Non-Performing Assets (NPAs).

4. The writ petition itself was not maintainable, as a result of which, in view of our recent judgment, which has followed earlier judgments of this Court, held as follows:-

    “18. We cannot help but disapprove the approach of the High Court for reasons already noticed in Dwarikesh Sugar Industries Ltd. vs. Prem Heavy Engineering Works (P) Ltd. and Another, (1997) 6 SCC 450, observing:-

    “32. When a position, in law, is well settled as a result of judicial pronouncement of this Court, it would amount to judicial impropriety to say the least, for the subordinate courts including the High Courts to ignore the settled decisions and then to pass a judicial order wh

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