Srs Advertising & Marketing Pvt. Ltd. Ors. vs Mr. Kamal Garg & Anr.

Court

Supreme Court of India

Date

16 February 2022

Case No.

Civil Appeal Nos. 1302-1303 of 2022

Result

Allowed

Bench

M.R. Shah, B.V. Nagarathna

Citation

[2022] 2 S.C.R. 254 : 2022 INSC 192

Headnote

Constitution of India – Writ petition – Exceeding of jurisdiction by High Court – Respondent no.1-writ petitioner bought properties auctioned in pursuance of Recovery Certificate which was in favour of bank – 25% of the bid price deposited as earnest money – Respondent no.1 filed application seeking some clarity in the matter, replied by Bank – However, thereafter the Recovery Officer dismissed the application and forfeited 10% of the amount deposited– Appeal filed by respondent no.1, dismissed by DRT – Appeal before DRAT, no interim relief granted – Respondent-Bank herein sought to put the property to auction – Application to seek interim relief from the DRAT was renotified after the date of the proposed auction – Apprehending the interim relief application to become infructuous, respondent no.1 filed writ petition before High Court – Writ petition disposed of by High Court, further opportunity granted to deposit the balance amount with damages – Review petition, dismissed – On appeal by original respondent no.2-original borrower – Held: What was challenged before High Court was nongrant of interim relief pending the appeal before DRAT – However, High Court decided the writ petition as if it was considering the final decision of DRAT – Order passed by DRT confirming the order passed by the Recovery Officer forfeiting 10% amount deposited by the auction purchaser was yet to be decided by DRAT – Main appeal was yet to be decided by DRAT on merits – High Court made the proceedings before DRAT infructuous as after the impugned judgment nothing further is required to be decided by DRAT – High Court went beyond the scope and ambit of the proceedings before it and exceeded its jurisdiction – Judgment passed by High Court set aside – DRAT to decide the appeal.

The Judgment of the Court was delivered by M. R. SHAH, J. 1. Feeling aggrieved and dissatisifed with the impugned judgment and order dated 22.11.2021 passed by the High Court of Delhi in Writ Petition (Civil) No.12530 of 2021 and in Review Petition No.197 of 2021, the original Respondent No.2 has preferred the present appeals. 2. That Respondent No.1 herein – original writ petitioner was the auction purchaser, who purchased the properties which were auctioned in pursuance of Recovery Certificate No.6/2016 which was in favour of the Corporation Bank (now merged with the Union Bank of India)

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