VidhiSangh

Supreme Court of India · 13/05/2022

KOTAK MAHINDRA BANK LIMITED versus NARENDRA JAYANTILAL TRIVEDI & ANR.

[2022] 19 S.C.R. 360 · 2022 INSC 572

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Summary

A borrower whose 1980s loan, decreed by the Debts Recovery Tribunal in 2000 and assigned to Kotak Mahindra Bank, resisted SARFAESI measures for two decades. After the DRT dismissed his securitisation application and a Single Judge of the Gujarat High Court dismissed his writ petition against orders of the Recovery Officer, the Magistrate and the DRT with exemplary costs, a Division Bench granted him an ex parte stay in appeal. While the Bank's challenge to that stay was pending in the Supreme Court he withdrew the appeal, and the Division Bench, permitting withdrawal, extended the stay, reduced the costs and directed that the Single Judge's observations be ignored. The Supreme Court quashed those directions, vacated the stay and imposed costs of Rs. 1 lakh: a litigant cannot enjoy interim relief for years, invite an adverse decision and then withdraw the appeal to nullify it.

Issues

  1. Whether a Division Bench, while permitting withdrawal of a Letters Patent Appeal against a Single Judge's dismissal of a writ petition on merits with costs, may extend ex parte interim relief, reduce the costs and direct that the observations of the Single Judge and the DRT be ignored by the forum before which the litigant may next proceed.
  2. Whether a writ petition under Article 226 challenging orders of the Recovery Officer, the Chief Metropolitan Magistrate and the DRT in SARFAESI and RDB Act proceedings, filed to stall recovery, is an abuse of process when statutory remedies exist.

Provisions considered

Held

Result

Appeals allowed/disposed of: the appeal against the Gujarat High Court Division Bench's ex parte stay of 25.01.2022 in LPA No. 75 of 2022 disposed of as infructuous; its order of 04.03.2022 quashed insofar as it extended the interim relief, reduced the costs from Rs. 1,00,000 to Rs. 25,000 and directed the appropriate forum to disregard the Single Judge's observations; the ex parte interim order vacated; costs of Rs. 1,00,000 imposed on the borrower, payable to the Gujarat High Court Legal Services Committee within four weeks.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 360.