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april 2014

Supreme Court of India · 2014-04-16

Devi Ispat Ltd. & Anr vs State Bank Of India & Ors

Citation / case number
AIRONLINE 2014 SC 176
Court
Supreme Court of India
Petitioner
Devi Ispat Ltd. & Anr
Respondent
State Bank Of India & Ors
Author
Madan B. Lokur
Bench
Gyan Sudha Misra, Madan B. Lokur

Judgment text excerpt

The Supreme Court held that the classification of Devi Ispat's account as a non-performing asset (NPA) under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) was valid, as the bank had followed the necessary procedures. The Court emphasized that the borrower has an alternate statutory remedy under Section 13(3A) to make representations against such classification, which must be considered by the secured creditor. The Court upheld the dismissal of the writ petition by the Calcutta High Court, affirming the importance of following statutory remedies before seeking judicial intervention.

Devi Ispat Ltd. & Anr vs State Bank Of India & Ors · Niyam