In Brief
A bank sought to recover outstanding dues from a borrower under the SARFAESI Act (2002) after a decades-old Debts Recovery Tribunal decree. The borrower filed a writ petition challenging recovery proceedings, which was dismissed with costs by the single judge. The Division Bench then granted ex parte interim relief staying dispossession, and when this matter reached the Supreme Court, the borrower withdrew his appeal before the Division Bench while requesting that the single judge's observations be ignored. The Supreme Court held that writ petitions are not maintainable against SARFAESI proceedings when statutory remedies exist, that interim relief should not have been granted after merits dismissal, and that withdrawing an appeal while enjoying its interim relief constitutes abuse of process. The Court quashed the Division Bench order and imposed costs.
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