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M.M. SUNDRESH, J
M/S. SOUTH INDIAN BANK LTD. – Appellant
Versus
NAVEEN MATHEW PHILIP & ANR. – Respondent
| Table of Content |
|---|
| 1. enforcement of unilateral financial offers. (Para 2 , 4 , 5 , 6) |
| 2. need for restraint by high courts in financial matters. (Para 9 , 13) |
| 3. high court's jurisdiction should not interfere with statutory procedures. (Para 10 , 11 , 12) |
| 4. conditions governing article 226 powers and alternative remedies. (Para 15 , 16 , 18) |
| 5. appeals dismissed with guidance for future conduct. (Para 19) |
JUDGEMENT
2. Seeking enforcement of a unilateral offer concerning private financial transactions, while questioning the steps taken to recover the dues on the failure to comply with the one-time settlements, extraordinary jurisdiction of the High Court was sought to be invoked. Acceding to the request made by duly interfering with the action taken by the Appellants, orders were passed, in exercise of the powers conferred under
5. Strangely enough, within 3 days of the reply dated 28.10.2021, prior to the expiry of the statutory period prescribed, a challenge was laid to the demand notice issued under Section 13(2) of the SARFAESI Act, by filing Writ Pe
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