Judgment · High Court
Case at a glance
Outcome
Dismissed
The writ petition is dismissed without prejudice to any other remedy in
Provisions considered
Judgment
Operative part
This petition was filed challenging the notice under the provisions of t he Securitization and Reconstruction of Financial Assets and Enforcement of Secu rity Interest Act, 2002. On 12.10.2010, stay was granted with a direction to deposit the outstand ing dues. On 12.11.2010, learned counsel for the petitioner stated that the peti tioner could pay Rs.12,59,347/- within seven days and, on that undertaking, inte rim stay was continued. Thereafter, the matter has been adjourned from time to t ime. We are informed that the petitioner could not comply with the undertaking t o pay as a result of which the Bank has taken steps to auction the property. In view of the failure of the petitioner to comply with the understandin g given to this Court, the petitioner has no right to invoke extra-ordinary reme dy under Article 226 of the Constitution. The writ petition is dismissed without prejudice to any other remedy in accordance with law.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition is dismissed without prejudice to any other remedy in
Which statutory provisions did this judgment involve?
Interest Act, 2002; Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.