Register Writ Petitions Against DRT/SARFAESI Proceedings As Unnumbered And Send To Bench : Kerala High Court To Registry
The Kerala High Court issued a notification on July 19 directing the Filing Scrutiny Officers to register petitions filed under the DRT Act and SARFAESI Act as unnumbered and sent to the Bench as per roster for directions.
This is pursuant to the judgment of the Supreme Court in PHR Invent Educational Society vs. UCO Bank (Civil Appeal No. 4845/2024) deprecating the interference of the High Court in entertaining petitions filed under DRT Act and SARFAESI Act, despite the availability of alternative remedies before other forums. The Apex Court advised High Courts to exercise caution before entertaining petitions by invoking its writ jurisdiction.
The issue of maintainability of petitions filed before the High Court was considered in the administrative committee meeting held on April 01, 2024. Following the meeting, the Chief Justice of Kerala High Court issued an order on July 03 stating that the question of maintainability could only be decided by the Bench before which the case is posted for admission.
Therefore, the High Court directed the Registry to send petitions initially as unnumbered before the appropriate Bench for directions.
“Accordingly, the Filing Scrutiny Officers are hereby directed to register such cases initially as unnumbered WP/OP and sent to Bench as per roster and follow the directions of the Court.”