VidhiSangh

Supreme Court of India · 17/04/2023

M/S SOUTH INDIAN BANK LTD. & ORS. versus NAVEEN MATHEW PHILIP & ANR. ETC. ETC.

[2023] 4 S.C.R. 18 · 2023 INSC 379

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Summary

Borrowers whose accounts were classified as non-performing challenged SARFAESI notices in writ petitions and obtained directions from the Kerala High Court permitting repayment in instalments, at a time when the Debts Recovery Tribunal was initially non-functional but had become functional before the petitions were decided. The bank did not press for reversal but sought a reiteration of the law. The Supreme Court declined to disturb the orders but reiterated that Article 226 should not be invoked in lender-borrower matters where the statute provides an effective alternative forum, that mandamus cannot compel a private bank to accept a unilateral settlement offer, that certiorari is supervisory and no substitute for the Tribunal, and that the stop-gap direction allowing High Courts to hear such matters during Tribunal vacancies required relegation once Tribunals became functional.

Issues

  1. Whether the High Court should entertain writ petitions under Article 226 against measures taken by a private bank under the SARFAESI Act, and direct acceptance of a borrower's one-time settlement offer, when the statutory remedy before the Debts Recovery Tribunal is available.
  2. What is the effect of the Supreme Court's interim direction permitting High Courts to entertain matters falling within the jurisdiction of Debts Recovery Tribunals during vacancies, once the Tribunals became functional.

Provisions considered

Held

Result

Appeals disposed of without interfering with the High Court's orders permitting repayment in twelve instalments, in view of the bank's fair stand, but reiterating the law that High Courts should not exercise jurisdiction under Article 226 in such lender-borrower matters where the SARFAESI Act provides an effective alternative remedy; copy of the order to be sent to the High Courts of Kerala and Punjab and Haryana; no costs.

Judgment PDF: Supreme Court of India, [2023] 4 S.C.R. 18.