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.