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H. S. THANGKHIEW
Manik Dhar – Appellant
Versus
Indian Overseas Bank – Respondent
JUDGMENT
1. This application under Article 227 of the Constitution of India has been filed assailing the impugned orders dated 09.09.2015 and 18.04.2016, passed by the Recovery Officer, Debts Recovery Tribunal, Gauhati in O.A. No. 12 of 2007, against the proclamation of attachment of the petitioner's property which is alleged, is yet to be registered in the name of the petitioner and that the said impugned orders, run contrary to an earlier order dated 10.12.2009 of the Recovery Officer itself. Being aggrieved that the impugned orders had been passed without considering the earlier order dated 10.12.2009, the petitioner is before this Court.
2. The factual aspects that are necessary for consideration of the matter is that the petitioner, had applied for credit facilities from the respondents Bank under a fund-based account namely; Term Loan and working Capital Term Loan account with varying limits against hypothecation of all movable assets. The respondents Bank sanctioned the said credit facilities in favour of the petitioner and various amounts were sanctioned on many dates, as per the set terms and conditions, against the securities stipulated in the sanction letters. The petition
The main legal point established in the judgment is the principle that when there is an alternate remedy available, courts should refrain from exercising jurisdiction under Articles 226 and 227 of th....
The main legal point established in the judgment is the need to exhaust statutory remedies before seeking relief under Article 226 of the Constitution of India, particularly in matters involving the ....
The court established that compliance with statutory provisions is essential in possession proceedings under the Securitisation Act, and alternative remedies must be exhausted before seeking judicial....
The High Court's jurisdiction under Article 227 is supervisory, not appellate; it can't correct mere errors by subordinate courts unless there is a serious dereliction of duty or failure of justice.
Powers of High Court under Article 226 cannot be invoked in matter of recovery of dues under Act, unless there is any statutory violation resulting in prejudice to party or where such proceedings or ....
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