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july 2009

Supreme Court of India · 2009-07-31

M/S SARDAR ASSOCIATES vs PUNJAB & SIND BANK .

Citation / case number
SC 2008/5689
Court
Supreme Court of India
Petitioner
M/S SARDAR ASSOCIATES
Respondent
PUNJAB & SIND BANK .
Author
S.B. SINHA

Judgment text excerpt

The Supreme Court examined the authority of the Reserve Bank of India to issue circulars regarding one-time settlements under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Section 13(2)). The Court held that the guidelines issued by the RBI must be adhered to by banks in settlement cases, and the dismissal of the appellant's writ petition by the High Court was set aside, allowing the appellant to pursue settlement as per RBI guidelines. The judgment emphasized the necessity for banks to follow statutory guidelines in recovery processes.

M/S SARDAR ASSOCIATES vs PUNJAB & SIND BANK . · Niyam