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october 2012

Supreme Court of India · 2012-10-19

Pradeep Kumar Sharma vs U.P.F.C. Rajpur Road Dehradun & Ors

Citation / case number
AIRONLINE 2012 SC 729
Court
Supreme Court of India
Petitioner
Pradeep Kumar Sharma
Respondent
U.P.F.C. Rajpur Road Dehradun & Ors
Author
Ranjan Gogoi
Bench
Ranjan Gogoi, P Sathasivam

Judgment text excerpt

The Supreme Court addressed the legality of the sale of mortgaged property under Section 29 of the State Financial Corporation Act, 1951, confirming that the UPFC's actions were valid despite the prior sale of the property to Vishnu Dutt Sharma. The Court held that the equitable mortgage created by the borrower was enforceable, and the subsequent sale to Sharma was subject to the mortgage. The appeal by UPFC was allowed, affirming the sale to Pradeep Kumar Sharma and dismissing Sharma's claims.

Pradeep Kumar Sharma vs U.P.F.C. Rajpur Road Dehradun & Ors · Niyam