Can issue of valuation of the mortgaged property be adjudicated by the High Court in writ jurisdiction under Article 226? | Is due to the pre-condition provided under Section 30 of the Recovery of Debts and Bankruptcy Act, 1993 the writ petition to be entertained? – Paritran Medical College and Hospital Vs. Punjab National Bank and Ors. – Jharkhand High Court
September 20, 2024
Hon’ble Jharkhand High Court held that:
(i) The power which is to be exercised under Article 226 of the Constitution of India is a self-imposed restriction upon the High Court but that principle has been segregated by the Hon’ble Apex Court in the matter of recovery of public money from the borrowers who took loan/advance from the Bank and other financial institutions.
(ii) The issue of valuation of the mortgaged property is the question which cannot be adjudicated by the High Court in the summary proceeding like the writ jurisdiction under Article 226 of the Constitution of India.
(iii) If alternative remedy is there and the process as per the stipulation provided in the relevant statutory provision is mandatorily to be followed otherwise there will be no meaning of statutory provision.
(iv) The same is based upon the principle that a thing is to be done strictly in accordance with the statutory provision and there cannot be any deviation from the statutory command. It is the settled position in law that a thing is required to be done strictly in pursuance to the provisions of law, if any deviation, then ultimately the provision as contained under the statute will have no effect.
