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DIPANKAR DATTA, K. V. VISWANATHAN
Satheesh V. K. – Appellant
Versus
Federal Bank Ltd. – Respondent
| Table of Content |
|---|
| 1. appellant's status and loan default details. (Para 1 , 2) |
| 2. withdrawal of special leave petition. (Para 3 , 4) |
| 3. maintainability of appeals discussed. (Para 5 , 10 , 18) |
| 4. principles of review and maintainability. (Para 6 , 12 , 14 , 23) |
| 5. discussion on powers under article 136. (Para 8 , 13 , 17) |
| 6. doctrine of merger and review principles. (Para 11 , 24) |
| 7. final decision and dismissal of appeals. (Para 36 , 37 , 38) |
JUDGMENT :
1. Appellant, Satheesh V.K., is a borrower within the meaning of section 2(f) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20021[SARFAESI Act]. Undisputedly, the appellant obtained financial assistance from the respondent-Federal Bank, a secured creditor within the meaning of section 2(zd) of the SARFAESI Act, by creating equitable mortgage over properties situated in Kozhikode. However, the appellant having defaulted in his obligation to repay the loan, the respondent classified the loan account as ‘Non-Performing Asset’ (NPA) and initiated measures under section 13(4) of the SARFAESI Act.
3. The order dated 1st October, 2024 was challenged by the appellant in a special leave petition
A second special leave petition is not maintainable after the first is withdrawn without permission to re-approach the court.
Special Leave Petition – Only after issue of maintainability is decided upon, can Supreme Court enter into merits of case – No appeal by way of Special Leave Petition against order passed in review i....
A party cannot re-litigate previously decided matters in a Special Leave Petition unless specific leave is granted, reinforcing the principle of finality in judicial decisions.
The Supreme Court's dismissal of a Special Leave Petition does not merge with the original order, and review jurisdiction is lost once an appeal is preferred.
A review petition cannot be used to reargue a case on merits and must point out an error apparent on the record; otherwise, it is not maintainable.
A writ petition under Article 226 cannot be entertained if effective statutory remedies exist, requiring proper reasoning in interim orders issued by the court.
Writ appeals against interim orders under SARFAESI proceedings are maintainable, clarifying that the characterization of orders determines their applicability under Articles 226 or 227 of the Constit....
A review application cannot be entertained after the dismissal of a Special Appeal without prior leave, reaffirming the doctrine of merger and judicial discipline.
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