Supreme Court of India · 2014-03-14
J.Rajiv Subramaniyan & Anr vs M/S Pandiyas & Ors
- Citation / case number
- AIR 2014 SC (CIV) 1122
- Court
- Supreme Court of India
- Petitioner
- J.Rajiv Subramaniyan & Anr
- Respondent
- M/S Pandiyas & Ors
- Author
- A.K.Sikri
- Bench
- A.K.Sikri
Judgment text excerpt
The Supreme Court upheld the dismissal of the writ appeal by the Madras High Court, affirming that the maintainability of the writ petition under the SARFAESI Act, 2002 was not a matter for consideration as the case was decided on merits. The Court noted that notices under Section 13(2) and Section 13(4) of the SARFAESI Act were properly issued by the bank due to the failure of the borrowers to repay loans, leading to the classification of their assets as non-performing. The Court confirmed the legality of the auction sale and the subsequent sale of secured assets to the appellants, thus rejecting the appellants' claims regarding the maintainability of the writ petition.