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2006 Supreme(Del) 1690

VIJENDER JAIN, KAILASH GAMBHIR
STANDARD CHARTERED BANK – Appellant
Versus
YOGESH SHARMA – Respondent


Advocates Appeared:
ARVIND NIGAM, N.K.JHA, SANDEEP SETHI, Sanjay Gupta


VIJENDER JAIN, ACJ.

( 1 ) THE appellant bank has impugned the order passed by the learned Single judge dated 9. 12. 2005. The present litigation is a manifestation of strong arm tactics prevailing in India today with regard to the role of banks like the appellant and the method of recovery of dues. It seems that the normal remedy through process of law seems inappropriate to the appellant thereby using extra judicial methods for recovery of the dues. To say the least, if it is allowed to happen, people's faith in the rule of law will be shaken and more and more people will start using mafia power to achieve their objective. Whether it is a healthy sign for a growing economy like ours is a question which we have to answer in this appeal.

( 2 ) MR. SANDEEP Sethi, learned counsel for the appellant bank has vehemently contended that the writ petition filed by the respondent before the learned single Judge was not maintainable. In support of his contention, learned counsel for the appellant has relied upon All India Institute Of Medical sciences Employees' Union Vs. Union of India and Ors. 1997 SCC (Crl) 303 and has contended that the respondent was not entitled to approach the High C

























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