Back
SANJAY KUMAR, ARAVIND KUMAR
Gagan Banga – Appellant
Versus
State of West Bengal – Respondent
JUDGMENT :
SANJAY KUMAR, J
1. Writ Petition (Crl.) No. 166 of 2023 was filed by Gagan Banga and Indiabulls Housing Finance Limited, New Delhi, under Article 32 of the Constitution of India, with the following prayers:
(i) Issue a writ, order or direction in the nature of mandamus or any other appropriate writ or order thereby laying down appropriate guidelines to be followed by all including the police officials and Judicial Magistrate to desist from initiating or directing initiation of criminal proceedings against the financial institutions, its assignees, management, officers, employees, lawful transferees and purchasers of secured assets at the behest of disgruntled defaulting borrowers, so as to protect their fundamental rights inter-alia guaranteed under Article 14, 19 and 21 of the Constitution of India, 1950.
(ii) Issue a writ, order or direction in the nature of certiorari or any other appropriate writ or order thereby quashing the FIR’s mentioned at Table 1 above registered by or at the instance of disgruntled defaulting borrower
(1) Miscellaneous application – Post-disposal applications for modification and clarification of disposal order shall lie only in rare cases.(2) Power of recall is different from power of altering/ r....
Inherent powers under Section 482 of Cr.P.C. do not confer any arbitrary jurisdiction on High Court to act according to whims or caprice – Statutory power has to be exercised sparingly with circumspe....
Merits of quashing proceedings will have to be independently decided by Division Bench which is going to hear the matter on remand.
The High Court must not entertain writ petitions regarding SARFAESI actions without the petitioner first pursuing statutory remedies before the Debts Recovery Tribunal as mandated under the SARFAESI ....
Court must guard against camouflaged criminal cases clothed in high moral fiber and strong legal content.
Financial institutions must follow statutory procedures when dealing with MSME classification and recovery; non-compliance can render actions invalid, emphasizing the need for judicial adherence to e....
The main legal point established in this judgment is that the High Court should not entertain writ petitions under Article 226 of the Constitution of India in matters involving recovery of dues under....
The court emphasized the necessity of exhausting statutory remedies before invoking constitutional provisions, reaffirming that interim orders affecting financial institutions must stem from substant....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
