United Bank of India v. Satyawati Tondon

Principal Commnr. of Income Tax, Sambalpur vs. Binay Kumar Jindal, HUF

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

The Mangalore Electricity Supply Company Ltd vs. Sri A Chandrasekhar

Bench: G.NARENDAR,P.N.DESAI

…10. The learned Senior counsel has placed reliance on the following rulings in support of his contention regarding the non-entertainability of the writ petitions. 11. The learned Senior counsel would place reliance on the ruling reported in (2010) 8 SCC 110 (United Bank of India v. Satyawati Tondon) in particular on paragraphs 43 to 45 and 48 and 49 which reads as under: “ 43. Unfortunately, the High Court overlooked the settled law that the High Court will ordinarily not entertain a petition under Article 226 of the 13 Constitution if an effective remedy is available to the aggrieved perso…

Sri U M Ramesh Rao vs. Union Bank of India

In the result, the writ appeals are disposed in

Bench: B.V.NAGARATHNA,R. NATARAJ

…iv) where statutory authority resorted to invoke provisions which are repealed, or; (v) where statutory authority passed an order in total violation of principles of natural justice. (e) In United Bank of India vs. Satyawati Tondon and others, [(2010) 8 SCC 110], (Satyawati Tondon) it was observed that it is true that the rule of exhaustion of alternative remedy is a rule of discretion and not one of compulsion, but it is difficult to fathom any reason why the High Court should entertain a petition filed -: 43 :- under Article 226 of the Constitution and pass interim order ignoring the fact that…

M/S Ssjv Projects Private Limited vs. M/S Allahabad Bank

In the result, the writ appeals are disposed in

Bench: B.V.NAGARATHNA,R. NATARAJ

…iv) where statutory authority resorted to invoke provisions which are repealed, or; (v) where statutory authority passed an order in total violation of principles of natural justice. (e) In United Bank of India vs. Satyawati Tondon and others, [(2010) 8 SCC 110], (Satyawati Tondon) it was observed that it is true that the rule of exhaustion of alternative remedy is a rule of discretion and not one of compulsion, but it is difficult to fathom any reason why the High Court should entertain a petition filed -: 43 :- under Article 226 of the Constitution and pass interim order ignoring the fact that…

M/S Mohan Bhandar vs. Vijaya Bank

Bench: The Hon’Ble Mr.Justice Aravind Kumar Writ Petition Nos. 27975-77/2018 (Gm-Drt) C/W W.P.Nos. 48475/2016 & 37112-37117/2016 (Gm-Res )

…been challenged in W.P.Nos.37112-117/2016. 19. Order passed under Section 14 of SARFAESI Act can be challenged under Section 17 of the SARFAESI Act. Hon’ble Apex Court in the case of UNION BANK OF INDIA vs. SATYAVATHI TONDON reported in (2010) 8 SCC 110 has held that when such order is amenable to scrutiny by the jurisdiction of the tribunal, writ Courts should be slow in interfering with the said orders, unless exceptional circumstances are perversant. 20. In the light of the contentions raised by learned Advocates appearing for the parties and in the background of the aforestated fact…

Commissioner of Income Tax-III vs. M/S Prasadhini Enterprises Pvt Ltd

Appeal is dismissed as devoid of merits

Bench: The Hon' Ble Mr. Justice B. Veerappa Regular Second Appeal No.390/2012 (Res)

…has absolutely no application to the facts and circumstances of the present case. 66. The another judgment relied upon by the learned Counsel for the appellant in the case of United Bank of India vs. Satyawati Tondon and others reported in (2010)8 SCC 110 that remedies are available under the provisions of Sections 17 and 18 of the SARFAESI Act is not applicable to the present case. Admittedly, it is not the case of the appellant/ 3rd defendant - Bank that the plaintiff has borrowed the loan by mortgaging the suit ‘B’ schedule property or by depositing title deeds. The present case, entire…

M/S Keerthi Enterprises vs. The State of Karnataka

Bench: The Hon'Ble Dr.Justice Vineet Kothari

…herefore, petitioners who have an alternative efficacious remedy cannot rush to this Court invoking the writ jurisdiction. Reliance is placed in this regard on the judgment in the case of UNITED BANK OF INDIA VS SATYAWATI TONDON AND OTHERS – (2010) 8 SCC 110. 11. He has further pointed out that the partnership firm though registered is not a separate legal entity and that the partners constitute a compendium of members who have joined together to Date of Order 09-10-2017 W.P.No.42694/2017 M/s. Keerthi Enterprises Vs. The State of Karnataka & Ors. 7/23 pursue their business and…

The Principal Commissioner of Income Tax-1 vs. M/s Devi Sea Foods Ltd

…State of Haryana, (1985) 3 SCC 267 this Court has noticed that if an appeal is from “Caesar to Caesar’s wife” the existence of alternative remedy would be a mirage and an exercise in futility.” The Supreme Court in Union of India vs. Satyavati Tandon- (2010) 8 SCC 110 has held that when a statutory forum is created by law for redressal of grievance and that too in a fiscal statute, a writ petition should not be entertained ignoring the statutory dispensation. Paras 31 & 32 of the report are worth quoting: "31. When a statutory forum is created by law for redressal of grievance and that too in a…

M/S Shankar Wines vs. The Commissioner of Excise

Bench: The Hon’Ble Dr.Justice Vineet Kothari Writ Petition No.30590/2014 (Excise) C/W Writ Petition No.56657/2014 (Excise)

…refore, petitioners who have an alternative efficacious remedy cannot rush to this Court invoking the writ jurisdiction. Reliance is placed in this regard on the judgment in the case of UNITED BANK OF INDIA VS SATYAWATI TONDON AND OTHERS – (2010) 8 SCC 110. 11. He has further pointed out that the partnership firm though registered is not a separate legal entity and that the partners constitute a compendium of members who have joined together to pursue their business and it is for this reason that the licence granted is not exclusively to a legal entity, but in favour of the partners tho…

The Pr. Commissioner of Income -Tax-6 vs. M/s. B.Surendra Chowdary

…State of Haryana, (1985) 3 SCC 267 this Court has noticed that if an appeal is from “Caesar to Caesar’s wife” the existence of alternative remedy would be a mirage and an exercise in futility.” The Supreme Court in Union of India vs. Satyavati Tandon- (2010) 8 SCC 110 has held that when a statutory forum is created by law for redressal of grievance and that too in a fiscal statute, a writ petition should not be entertained ignoring the statutory dispensation. Paras 31 & 32 of the report are worth quoting: "31. When a statutory forum is created by law for redressal of grievance and that too in a…

The Commissioner of Income Tax (Central) vs. K.V.Ram Kumar

…State of Haryana, (1985) 3 SCC 267 this Court has noticed that if an appeal is from “Caesar to Caesar’s wife” the existence of alternative remedy would be a mirage and an exercise in futility.” The Supreme Court in Union of India vs. Satyavati Tandon- (2010) 8 SCC 110 has held that when a statutory forum is created by law for redressal of grievance and that too in a fiscal statute, a writ petition should not be entertained ignoring the statutory dispensation. Paras 31 & 32 of the report are worth quoting: "31. When a statutory forum is created by law for redressal of grievance and that too in a…

Sri Jayaram Hegde vs. Authorized Officer Cum Chief Manager

In the result, we dispose of this writ appeal with a

Bench: ARAVIND KUMAR,VINEET SARAN

…writ petition should have been heard and decided on merits. On the other hand, learned counsel for respondents have urged that in view of the decision of the Apex Court in the case of United Bank of India Vs Satyawati Tondon and others reported in (2010)8 SCC 110 appellant ought to have first approached the appellate Tribunal if aggrieved by order of Debt Recovery Tribunal and writ petition filed against the order of Debt Recovery Tribunal was not 8 maintainable and as such it has been rightly dismissed by learned Single Judge. 8. It is well settled law that the availability of alt…