ValkyaEditorial

Tagged “alternative-remedy”

1 article on alternative-remedy.

Landmark JudgmentSupreme Court of India

United Bank of India v. Satyawati Tondon: writ self-restraint in SARFAESI matters

On 26 July 2010 a two-judge bench of the Supreme Court held that the High Court should not ordinarily entertain a writ petition under Article 226 challenging measures taken under the SARFAESI Act 2002 where the borrower has an efficacious statutory remedy before the Debts Recovery Tribunal under Section 17. The alternative-remedy rule is self-imposed judicial restraint, applied with 'greater rigour' in tax, cess and bank-recovery matters. The Bench castigated the routine grant of interim relief in such writ petitions and held that the High Court was 'wholly unjustified' in entertaining the writ at the Section 13(4) stage.

Valkya Editorial··13 min