VidhiSangh

Supreme Court of India · 10/04/2024

PHR INVENT EDUCATIONAL SOCIETY versus UCO BANK AND OTHERS

[2024] 4 S.C.R. 541 · 2024 INSC 297

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Summary

The High Court should not have entertained a borrower’s writ against refusal to restore its withdrawn SARFAESI application when a statutory appeal was available and no recognised exception was shown. The borrower had defaulted on conditional interim protection, withdrawn proceedings and allowed the auction purchaser’s sale to be confirmed and registered. The Supreme Court restored finality to those proceedings, set aside the writ judgment and dismissed the writ with Rs.1 lakh costs on the borrower.

Issues

  1. Whether Article 226 should be invoked despite the available SARFAESI appellate remedy.
  2. Whether the borrower’s conduct and the completed auction justified restoration through writ proceedings.

Provisions considered

Held

Result

Appeal allowed; High Court judgment set aside and borrower’s writ petition dismissed with Rs.1 lakh costs on the borrower. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 541.