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Supreme Court of India

Phr Invent Educational Society v. Uco Bank and Others

Neutral citation
Reported as [2024] 4 S.C.R. 541
Bench B.R. Gavai, Rajesh Bindal and Sandeep Mehta JJ.
Decided 10 April 2024

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.

What the Court ordered

We are of the view that dismissal of the miscellaneous application of the petitioner by the Tribunal dies not appear to be justified.

Judgment, page 13

From the headnote

Issue for Consideration Matter pertains to the High Courts entertaining petitions arising out of the DRT Act and the SARFAESI Act in spite of availability of an effective alternative remedy. Headnotes Constitution of India – Art. 226 – Cases related to recovery of dues of banks and auction sale – Exercise of power u/Art 226 by filing writ petition, in spite of availability of an alternative remedy – Maintainability of the writ petition: Held: Ordinarily the High Court would not entertain a petition u/Art. 226 if an effective remedy is available to the aggrieved person – This rule applies with

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