The plenary powers of the Supreme Court under Article 142 though are of a very wide amplitude to do complete justice between the parties, cannot be used to supplant the substantive law applicable to the case or to the cause under consideration of the Court – Union Bank of India Vs. Rajat Infrastructure Pvt. Ltd. & Ors. – Supreme Court
October 6, 2023
Hon’ble Supreme Court held that: (i) When a statute requires a particular thing to be done in a particular manner, it must be done in that manner or not at all, and other methods of performance are necessarily forbidden. (ii) As per the sub-Rule (4) of Rule 9 of Security Interest (Enforcement) Rules, 2002, the balance amount of purchase price payable has to be paid by the purchaser to the authorized officer on or before the fifteenth day of the confirmation of sale or such extended period as may be agreed upon in writing between the purchaser and the secured creditor, in any case not extending three months. (iii) The court in exercise of powers under Article 142 cannot ignore any substantive statutory provision dealing with the subject. The plenary powers of the Supreme Court under Article 142 are inherent in nature and are complementary to those powers which are specifically conferred on the court by various statutes. These powers though are of a very wide amplitude to do complete justice between the parties, cannot be used to supplant the substantive law applicable to the case or to the cause under consideration of the court.