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july 2009

Supreme Court of India · 2009-07-16

Auth.Offr.,Indian Overseas Bank & Anr vs M/S.Ashok Saw Mill

Citation / case number
AIR 2009 SUPREME COURT 2420
Court
Supreme Court of India
Petitioner
Auth.Offr.,Indian Overseas Bank & Anr
Respondent
M/S.Ashok Saw Mill
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the actions of the appellant Bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), specifically Sections 13(2) and 13(4), in relation to the recovery of loans from the respondent partnership firm and its sister concern. The Court found that the respondent's failure to approach the Debts Recovery Tribunal (DRT) within the stipulated time frame justified the Bank's decision to sell the secured assets. The Court dismissed the writ petitions filed by the respondent, affirming the legality of the Bank's actions under the SARFAESI Act.

Auth.Offr.,Indian Overseas Bank & Anr vs M/S.Ashok Saw Mill · Niyam