Use of Article 226 of the constitution should be avoided if Other Remedies Available: Supreme Court

Published on 31 Jan 2018 by Tushar

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Image Courtesy: Livelaw

The Supreme Court today reiterated that the jurisdiction under Article 226 of the Constitution has to be exercised by High Courts judiciously, and that a writ petition under Article 226 ought not be entertained if alternate statutory remedies are available, except in cases falling within the well-defined exceptions.

The judgment was delivered by a Bench of Justices Rohinton Fali Nariman and Navin Sinha in an appeal filed by State Bank of Travancore against an interim order of the Kerala High Court.

The High Court, in an Article 226 petition filed by respondent Mathew KC, had stayed proceedings under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI Act), 2002, leading to an appeal against the same in the Supreme Court.

Source: BarandBench


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