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april 2000

Supreme Court of India · 2000-04-25

Dena Bank vs Bhikhabhai Prabhudas Parekh & Co. & Ors

Citation / case number
AIR 2000 SUPREME COURT 3654
Court
Supreme Court of India
Petitioner
Dena Bank
Respondent
Bhikhabhai Prabhudas Parekh & Co. & Ors
Author
R.C. Lahoti
Bench
R.C.Lahoti, S.R.Babu

Judgment text excerpt

The Supreme Court held that the right of the State to recover sales tax arrears does not take precedence over the Bank's right to enforce its mortgage security under the Transfer of Property Act, 1882. The Court affirmed the High Court's finding that the Chief Manager of the Bank was duly authorized to file the suit. The Court also emphasized that the compromise between the Bank and the borrowers, which allowed for the sale of the mortgaged property, was valid despite the State not being a party to it. The appeal was allowed in favor of the Bank, ensuring its rights over the mortgaged property were upheld.

Dena Bank vs Bhikhabhai Prabhudas Parekh & Co. & Ors · Niyam