South Indian Bank Ltd. vs Naveen Mathew Philip & Anr. Etc. Etc.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(SC) 750

SANJIV KHANNA, M. M. SUNDRESH
South Indian Bank Ltd. – Appellant
Versus
Naveen Mathew Philip & Anr. Etc. Etc. – Respondent

Judgement Key Points

What is the appropriate scope of High Court jurisdiction under Article 226 when SARFAESI Act remedies exist? What is the rule of exhaustion of statutory remedies in SARFAESI matters and when are exceptions applicable? What are the consequences for High Courts entertaining writ petitions under Article 226 in matters involving recovery of dues under the SARFAESI Act?

Key Points: - Point 1 (!) (!) (!) - Point 2 (!) (!) (!) (!) - Point 3 (!) (!) (!)

What is the appropriate scope of High Court jurisdiction under Article 226 when SARFAESI Act remedies exist?

What is the rule of exhaustion of statutory remedies in SARFAESI matters and when are exceptions applicable?

What are the consequences for High Courts entertaining writ petitions under Article 226 in matters involving recovery of dues under the SARFAESI Act?

JUDGMENT :

M.M. Sundresh, J.

1. Leave granted.

2. Seeking enforcement of a unilateral offer concerning private financial transactions, while questioning the steps taken to recover the dues on the failure to comply with the one-time settlements, extraordinary jurisdiction of the High Court was sought to be invoked. Acceding to the request made by duly interfering with the action taken by the Appellants, orders were passed, in exercise of the powers conferred under Article 226 of the Constitution of India by the High Court of Kerala, which are impugned in the present appeals.

3. Heard Mr. K.V. Vishwanathan, learned Senior Counsel for the Appellants and Mr. Shyam Divan, learned Senior Counsel for the Respondents.

4. Two loans were obtained by the Respondents, being a housing / KCC overdraft loan and a business loan. The accounts of the Respondents were declared as non-performing assets (“NPA”) on 27.05.2021. Notices under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as “SARFAESI Act”) were issued on 07.08.2021 and 12.08.2021, respectively, which were duly replied to by the Respondents on 2

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2023 Supreme(SC) 750

SANJIV KHANNA, M. M. SUNDRESHSouth Indian Bank Ltd. – AppellantVersusNaveen Mathew Philip & Anr. Etc. Etc. – Respondent

What is the appropriate scope of High Court jurisdiction under Article 226 when SARFAESI Act remedies exist?

What is the rule of exhaustion of statutory remedies in SARFAESI matters and when are exceptions applicable?

What are the consequences for High Courts entertaining writ petitions under Article 226 in matters involving recovery of dues under the SARFAESI Act?

Cases Referred (21)

SANJIV KHANNA, M. M. SUNDRESH
South Indian Bank Ltd. – Appellant
Versus
Naveen Mathew Philip & Anr. Etc. Etc. – Respondent