SC/ST Act Cannot Restrict Banks From Enforcing Mortgage Rights : Delhi High Court

The Delhi High Court held that provisions of the SC/ST (Prevention of Atrocities) Act, 1989, could not be invoked to prevent banks from enforcing lawful mortgage rights. Justice Sachin Datta stayed proceedings initiated by the National Commission for Scheduled Tribes against Axis Bank and its MD and CEO. 

The case arose from a ₹16.69 crore loan to Sundev Appliances Ltd, secured by mortgaged property, which turned non-performing. The Court held that Sections 3(1)(f) and (g) of the Act do not affect lawful bank recovery, and the summons to Axis Bank officials was without jurisdiction.

[Axis Bank Ltd v National Commission for Scheduled Tribes & Ors]