Courts Supreme Court
Supreme Court: SARFAESI Act overrides prior DRT decree, res judicata bar rejected
The case concerns a dispute where the petitioner argued that SARFAESI Act proceedings were barred by the doctrine of res judicata due to a prior decree passed by the Debt Recovery Tribunal (DRT).
The Supreme Court determined whether the SARFAESI Act could be invoked despite the existence of this earlier decree.
Who it concerns: Petitioner: K. K. Praveen; Respondents: J.M. Financial Asset Reconstruction Company P. Ltd & Ors.; Bench: Hon'ble Mrs. Justice B.V. Nagarathna and Hon'ble Mr. Justice R. Mahadevan.
What the court decided
- The Court dismissed the Writ Petition.
- The Court held that the contentions of the petitioner's counsel regarding the bar of res judicata and merger of cause of action could not be accepted.
- The Court relied on Section 35 of the SARFAESI Act, 2002, noting its overriding effect over other laws.
Also in the document
- The order was passed on 09-09-2026.
- The Court explicitly cited Section 35 of the SARFAESI Act to justify the dismissal, stating the Act overrides inconsistent provisions in other laws.
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The original document
Supreme Court of India — orders & judgments
Court order · 15 Sep 2026
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