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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Union Bank of India, Kottayam – Appellant
Versus
Grids Engineers and Contractors – Respondent
| Table of Content |
|---|
| 1. interim orders must be justified with reasoning. (Para 1 , 2 , 4) |
| 2. high court recognizes jurisdictional limits under sarfaesi act. (Para 5 , 7) |
| 3. remedies provided in sarfaesi act should be exhausted. (Para 8 , 9 , 10) |
| 4. judicial discretion requires adherence to legal protocols. (Para 11 , 12 , 13) |
| 5. writ appeal allowed, prior orders set aside. (Para 15) |
JUDGMENT :
MURALEE KRISHNA S., J.
1. The respondents in W.P.(C)No.26067 of 2025 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958, being aggrieved by the interim order dated 18.08.2025 passed by the learned Single Judge in that writ petition.
2. The respondents herein approached this Court with the writ petition filed under Article 226 of the Constitution of India, seeking a writ of certiorari to quash Ext.P16 order dated 21.06.2025 of the Additional Chief Judicial Magistrate Court, Ernakulam, (Special Court for the Trial of Criminal Cases against Sitting and Former MPs/MLAs of the State) in CMP No.2430 of 2025 in MC No.797 of 2022, contending that the said order is one issued without jurisdiction. In the writ petition, the respondents sought an interim relief to stay all further proceedin
A writ petition under Article 226 cannot be entertained if effective statutory remedies exist, requiring proper reasoning in interim orders issued by the court.
Courts should respect statutory routes for recovery before entertaining writ petitions in commercial matters, emphasizing the efficacy of specialized tribunals under SARFAESI.
The High Court emphasized the necessity for statutory remedies under the SARFAESI Act rather than invoking Article 226, affirming that approaches must follow prescribed legal frameworks in financial ....
The High Court should not entertain writ petitions under Article 226 when effective alternative remedies under the SARFAESI Act are available; exceptions apply in cases of jurisdictional errors, frau....
The requirement for mandatory pre-deposit under the SARFAESI Act cannot be waived; failure to comply invalidates any appeals against recovery actions.
Writ petitions under Article 226 not maintainable against private scheduled banks' SARFAESI actions; borrowers must exhaust Section 17 remedy before Debts Recovery Tribunal; High Courts cannot direct....
Writ jurisdiction must align with statutory procedures; courts should exercise restraint in commercial matters, particularly regarding SARFAESI Act enforcement.
The High Court ruled that parties must reveal all material facts in writ petitions and that statutory remedies available under the SARFAESI Act must be pursued before invoking writ jurisdiction.
The High Court affirmed that the adequate remedy under the SARFAESI Act must be pursued before seeking judicial intervention, emphasizing the importance of exhausting statutory options.
The court emphasized the necessity of exhausting statutory remedies before invoking constitutional provisions, reaffirming that interim orders affecting financial institutions must stem from substant....
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