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august 2007

Supreme Court of India · 2007-08-20

M/S. PRESTIGE LIGHTS LTD. vs STATE BANK OF INDIA

Citation / case number
SC 2005/8849
Court
Supreme Court of India
Petitioner
M/S. PRESTIGE LIGHTS LTD.
Respondent
STATE BANK OF INDIA
Author
ALTAMAS KABIR C.K. THAKKER
Bench
ALTAMAS KABIR C.K. THAKKER

Judgment text excerpt

The Supreme Court held that under Section 13(2) and Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, a borrower must be given an opportunity to present their case before the bank takes action to enforce security interests. The Court found that the bank's failure to consider the appellant's representation before proceeding with the takeover was a violation of the principles of natural justice. Consequently, the Court set aside the High Court's dismissal and directed the bank to consider the representation before taking further action.

M/S. PRESTIGE LIGHTS LTD. vs STATE BANK OF INDIA · Niyam