Phoenix ARC Private Limited vs. Vishwa Bharati Vidya Mandir & Ors (Supreme Court)

The High Court will ordinarily not entertain a petition under Article 226 of the Constitution if an effective remedy is available to the aggrieved person and that this rule applies with greater rigour in matters involving recovery of taxes, cess, fees, other types of public money and the dues of banks and other financial institutions. In our view, while dealing with the petitions involving challenge to the action taken for recovery of the public dues, etc. the High Court must keep in mind that the legislations enacted by Parliament and State Legislatures for recovery of such dues are a code unto themselves inasmuch as they not only contain comprehensive procedure for recovery of the dues but also envisage constitution of quasi-judicial bodies for redressal of the grievance of any aggrieved person

Category:   Posted on: September 10, 2022

Kotak Mahindra Bank Ltd vs. The District Magistrate (PUNJAB AND HARYANA HIGH COURT)

There is no necessity to issue a notice under Section 13(2) of the SARFAESI Act afresh to all the legal heirs of the deceased. The deceased was a guarantor to the loan granted to the Company and during his life time notice under Section 13(2) of the SARFAESI Act had been served on him and he had replied to it by filing objections which were also considered and rejected

Category:   Posted on: August 3, 2022