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Supreme Court overturns High Court decision, citing natural justice violation The Supreme Court allowed the appeal against the High Court of Kerala's judgment, which dismissed a writ petition due to the availability of an ...
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Supreme Court overturns High Court decision, citing natural justice violation
The Supreme Court allowed the appeal against the High Court of Kerala's judgment, which dismissed a writ petition due to the availability of an alternative remedy under the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The Supreme Court held that the High Court erred in not considering the violation of the principle of natural justice and remitted the matter back to the High Court for a decision on merits within six months. The Supreme Court did not address the merits of the dispute, leaving it for the High Court to decide. The appeal was allowed with no costs.
Issues involved: Appeal against dismissal of writ petition on the ground of availability of alternative remedy.
Summary: The Supreme Court granted leave to appeal against the judgment of the High Court of Kerala, which dismissed a writ petition on the basis of the availability of an alternative remedy u/s the Recovery of Debts due to Banks and Financial Institutions Act, 1993. The appellant contended that no notice was issued before the impugned order was passed. The Supreme Court held that the High Court erred in dismissing the writ petition solely on the ground of an alternative remedy being available, without considering the violation of the principle of natural justice. The impugned order was set aside, and the matter was remitted back to the High Court for a decision on merits. The High Court was directed to dispose of the writ petition within six months. The Supreme Court clarified that it did not delve into the merits of the dispute, leaving all questions to be decided by the High Court in accordance with the law. The appeal was allowed, with no order as to costs.
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