Kotak Mahindra Bank Limited v. The Station House Officer and Ors. - (High Court of Judicature at Hyderabad for Telangana and Andhra Pradesh) (28 Jul 2015)

Courts should render all aid to the aggrieved party to enable him to derive the full benefits of the order

MANU/AP/0388/2015

Banking

The High Court held that the jurisdiction of the Civil Court did not need to be invoked in order to enforce its order. In a matter where Deccan Chronicle Holdings Limited, had failed to comply with a court order to hand over possession of property to the Petitioner, Kotak Mahindra Bank, the Court directed the police to provide 'necessary assistance' to the Petitioners 'in taking absolute and exclusive control' of the property. It qualified, for a person to approach the Court seeking police intervention where possession was not clearly established in legal proceedings would constitute an abuse of process.

Relevant : South Eastern Coalfields Ltd. vs. State of M.P. and Ors. MANU/SC/0807/2003 Midnapore Peoples Coop. Bank Ltd. v. Chunilal Nanda MANU/SC/2810/2006 Rayapati Audemma vs. Pothineni Narasimham MANU/AP/0117/1971 P.R. Murlidharan and Ors. vs. Swami Dharmananda Theertha Padar and Ors. MANU/SC/1380/2006

Tags : SARFAESI POLICE ENFORCE ORDER POSSESSION