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february 2014

Supreme Court of India · 2014-02-10

MATHEW VARGHESE vs M.AMRITHA KUMAR .

Citation / case number
SC 2010/23193
Court
Supreme Court of India
Petitioner
MATHEW VARGHESE
Respondent
M.AMRITHA KUMAR .
Author
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFUL
Bench
HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFUL

Judgment text excerpt

The Supreme Court addressed the legality of proceedings initiated under the SARFAESI Act, particularly focusing on the notice issued by the 4th Respondent-Bank for the sale of property. The Court held that the bank must adhere to the principles of natural justice and provide an opportunity for the borrowers to settle their dues, as mandated by the provisions of the Act. The Court restrained the bank from evicting the Respondents until the resolution of their application, emphasizing the need for a fair hearing as per Section 13 of the SARFAESI Act.

MATHEW VARGHESE vs M.AMRITHA KUMAR . · Niyam