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Supreme Court of India 2018-09-28 dismissed

Sri Gayathri Kitchens (P) Ltd. & Anr vs Manager, Indian Bank Nungambakkam Branch & Ors

Bench: 2 — M. Duraiswamy

In Brief

Sri Gayathri Kitchens challenged an order by the Debt Recovery Tribunal imposing conditions on interim relief by way of a Civil Revision Petition under Article 227. The Supreme Court dismissed the petition, holding that parties cannot bypass statutory appeal mechanisms before the Debt Recovery Appellate Tribunal by directly approaching the Supreme Court. Additionally, since the underlying appeal had been disposed of, the interim relief application became infructuous. The Court emphasized that SARFAESI Act proceedings must follow proper appellate channels before seeking constitutional remedies.

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Banking Law Debt Recovery SARFAESI Act Civil Procedure Interim Relief Constitutional Law

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