SRS ADVERTISING & MARKETING PVT. LTD. ORS versus MR. KAMAL GARG & ANR.

SRS ADVERTISING & MARKETING PVT. LTD. ORS versus MR. KAMAL GARG & ANR.

The High Court exceeded its jurisdiction by disposing of a writ petition as if adjudicating the final merits while an appeal on merits was pending before the DRAT, thereby making the DRAT proceedings infructuous; the High Court's order was quashed and the matter remitted to DRAT to decide the appeal on merits within a specified time.

Parties
Appellants: SRS Advertising & Marketing Pvt. Ltd. Ors.; Respondents: Mr. Kamal Garg & Anr.
Jurisdiction
India
Judgment Date
16 February 2022
Procedural Posture
Civil Appeal / Appeal Against High Court Judgment Disposing Writ Petition and Dismissing Review Petition
Outcome
Appeals allowed; impugned High Court judgment and order quashed and set aside; matter remitted to DRAT to decide Appeal No.91 of 2019 on merits.
Legal Topics
Interim Relief, Forfeiture of Earnest Money, Jurisdiction of High Court, Auction of Secured Property
Constitution of India Recovery of Debts (drt/drat) Civil Procedure Interim Relief Forfeiture of Earnest Money Jurisdiction of High Court Auction of Secured Property

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Parties

SRS Advertising & Marketing Pvt. Ltd. Ors.

Appellants

Mr. Kamal Garg & Anr.

Respondents

Procedural Posture

Civil Appeal / Appeal Against High Court Judgment Disposing Writ Petition and Dismissing Review Petition

Legal Issues

  1. 1 Whether the High Court exceeded its jurisdiction by disposing of a writ petition seeking interim relief while an appeal on merits was pending before the DRAT
  2. 2 Whether the High Court's order rendered the pending DRAT proceedings infructuous
  3. 3 Whether the auction purchaser could be permitted to deposit balance and damages as ordered by the High Court

Ratio Decidendi

The High Court exceeded its jurisdiction by disposing of a writ petition as if adjudicating the final merits while an appeal on merits was pending before the DRAT, thereby making the DRAT proceedings infructuous; the High Court's order was quashed and the matter remitted to DRAT to decide the appeal on merits within a specified time.

Court Disposition

Appeals allowed; impugned High Court judgment and order quashed and set aside; matter remitted to DRAT to decide Appeal No.91 of 2019 on merits.

Orders

  • Impugned judgment and order of the High Court dated 22.11.2021 and order on review dated 03.12.2021 quashed and set aside.
  • DRAT to finally decide and dispose of Appeal No.91 of 2019 in accordance with law and on its own merits.