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Power under SARFAESI Act can have disastrous consequences on borrowers; DRT must apply mind while passing interim order: Kerala High Court.

After carefully examining the said orders, concurred with the petitioners. It noted that the orders were

To say the least, the orders are clearly of the ‘cut, copy, paste’ category and does not reflect any application of mind by the Tribunal ..All the impugned orders record that the Tribunal is not entering into the merits of the matter at all. This is clearly a failure on the part of the Tribunal to exercise a jurisdiction vested in it,” the Court observed.

The Court took a dim view of the situation especially after it found that the interim orders issued by the DRT in three of the cases were identical.

This is not palatable to our judicial ethos“, the Court said.

Source: Barandbench

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