In a recent ruling, the Supreme Court has cautioned against the unwarranted interference of High Courts in auction sale proceedings conducted by banks, especially when alternative statutory remedies are available. The apex court, comprising a bench of Justices BR Gavai, Rajesh Bindal, and Sandeep Mehta, highlighted the importance of exercising caution and restraint while entertaining petitions under Article 226 of the Constitution.
The case in question involved a borrower challenging the auction sale order by a bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Despite the availability of an appeal remedy under the Act, the borrower filed a writ petition under Article 226 before the High Court, which subsequently set aside the auction sale order issued by the Debt Recovery Tribunal (DRT).
The Supreme Court criticized this intervention by the High Court, emphasizing that such interference should only occur in exceptional circumstances, such as cases involving fraud or collusion. Justice BR Gavai, in authoring the judgment, noted that the High Court's decision risked reopening settled matters and undermining the finality of the auction sale.
The court reiterated the principle that High Courts should refrain from entertaining petitions under Article 226 when effective alternative remedies exist, unless certain exceptional circumstances are present. These exceptional circumstances include instances where statutory authorities act contrary to legal provisions, defy fundamental principles of judicial procedure, invoke repealed provisions, or violate principles of natural justice.
Furthermore, the Supreme Court underscored the adverse impact of High Court interference on the rights of banks and financial institutions to recover dues. Despite prior pronouncements urging caution, some High Courts have continued to overlook statutory remedies provided by legislation such as the DRT Act and the SARFAESI Act. The apex court urged High Courts to exercise discretion more judiciously in such matters, emphasizing the importance of upholding statutory mechanisms for debt recovery.
The ruling serves as a reminder of the need for judicial restraint and adherence to legal frameworks, particularly in matters concerning financial regulations and debt recovery. It reinforces the principle that while Article 226 provides a mechanism for redressal, it should not be invoked to circumvent established statutory procedures.
