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Delhi High Court rules banks can enforce mortgages despite SC/ST Act, halting tribal commission's action against Axis Bank executives.
The Delhi High Court ruled that the SC/ST Act cannot be used to block banks from enforcing mortgage rights, stating Sections 3(1)(f) and (g) do not apply when banks exercise lawful secured rights under loan agreements. The court stayed proceedings by the National Commission for Scheduled Tribes against Axis Bank’s top executives, calling the order for their personal appearance jurisdictionally flawed. The case stemmed from Axis Bank’s attempt to enforce a mortgage on a property in Vasai after a 2017 default on a 2013 loan. The court emphasized that financial rights must not be overridden by misapplied protections, and scheduled a further hearing for February 5, 2026.