Supreme Court of India
M/s South Indian Bank Ltd. & Ors. v. Naveen Mathew Philip & Anr. Etc. Etc.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that filing of the writ petitions by the borrowers before the High Court under Article 226 of the Constitution 39 of India is an abuse of process of the court.
Judgment, page 21
From the headnote
Securitization and Reconstruction of Financial Asse ts and Enforcement of Security Interest Act, 2002: Writ Jurisdiction of High Court under – Matter pertaining to default in payment of outstanding dues by the borrowers – I ssuance of notices u/s. 13(4) – Writ petitions by the borrowe rs challenging the notices before the High Court – Debt Recovery tribunal w as not functional at the time when said writ petitions were filed– However, became so from the month of March 2022 – Meanwhile, in an SLP , order passed by this Court to transfer the pending m atters to the concerned tribunals when they
Authorities it was built on
- 2004 Mardia Chemicals Ltd. Etc. Etc. v. Union of India and Ors. Etc. Etc.
- 2010 United Bank of India v. Satyawati Tondon and Others
- 1952 Veerappa Pillai v. Raman & Raman Ltd. and Others.
- 2003 Federal Bank Ltd. v. Sagar Thomas and Others
- 1964 Thansingh Nathmal and Ors. v. A.mazid, Superintendent of Taxes
- 1953 Ebrahim Aboobaker and Another v. Tek Chand Dolwani
- 1968 Babu Ram Prakash Chandra Maheshw Ari v. Antarim Zila Parishad Muzaffar Nagar
- 2006 Chhabil Das v. Pappu
- 1954 Hari Vishnu Kamath v. Syed Ahmad Ishaque and Others.
- 2018 Authorized Officer, State Bank of Travancore and Another v. Mathew K. C.
- 2022 Phoenix Arc Private Limited v. Vishwa Bharati Vidya Mandir & Ors.
- 2022 State Bank of India v. Arvindra Electronics Pvt. Ltd.
Where later benches applied it
- 2025 Pnb Housing Finance Limited v. Sh. Manoj Saha & Anr
- 2025 Bank of Baroda v. Farooq Ali Khan & Ors.
- 2024 Phr Invent Educational Society v. Uco Bank and Others
- 2024 Jaipur Vidyut Vitran Nigam Ltd. & Ors. v. Mb Power (madhya Pradesh) Limited & Ors.
Of those, 4 referred to
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