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july 2008

Supreme Court of India · 2008-07-21

Tehri Hydro Devt.Corporation Ltd vs State Of Uttarkhand & Ors

Court
Supreme Court of India
Petitioner
Tehri Hydro Devt.Corporation Ltd
Respondent
State Of Uttarkhand & Ors
Bench
G.S. Singhvi, B.N. Agrawal

Judgment text excerpt

The Supreme Court held that the demand raised under the Uttar Pradesh Zamindari Abolition and Land Reforms Act does not fall within the purview of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The Court found that the High Court had erred in directing the appellant to file an appeal under the SARFAESI Act, as no steps were taken under that Act. The appeal was allowed, the impugned order was set aside, and the matter was remanded to the High Court for a merits-based hearing.

Tehri Hydro Devt.Corporation Ltd vs State Of Uttarkhand & Ors · Niyam