Shri Prayag Singh v. the Karnataka Bank Limited
Case brief
What is this about?
Petitioners challenged a possession notice under the SARFAESI Act, claiming tenant status. The court held the writ petition is not maintainable as the remedy lies under Section 17 before the Debt Recovery Tribunal. Accordingly, the petition was dismissed with liberty to approach the Tribunal within three weeks. A moratorium on evictive action was granted for three weeks.
What did the court decide?
Petition dismissed as not maintainable with liberty to approach Debt Recovery Tribunal under Section 17 within three weeks; bank restrained from precipitous action for three weeks.