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december 2015

Supreme Court of India · 2015-12-29

Pegasus Assets Reconstruction P.Ltd vs M/S Haryana Concast Limited & Anr

Citation / case number
AIR 2016 SUPREME COURT 494
Court
Supreme Court of India
Petitioner
Pegasus Assets Reconstruction P.Ltd
Respondent
M/S Haryana Concast Limited & Anr
Author
Shiva Kirti Singh
Bench
Shiva Kirti Singh, Vikramajit Sen

Judgment text excerpt

The Supreme Court held that under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), a secured creditor can enforce security interests without court intervention, thus the Company Court or Official Liquidator cannot impose restrictions on the sale of secured assets. The Court distinguished the views of the Punjab and Haryana High Court from those of the Delhi High Court, ultimately allowing the appeal of Megnostar Telecommunications Pvt. Ltd. and disapproving the earlier judgment that imposed fetters on secured creditors' rights. The ruling clarifies the primacy of the SARFAESI Act over the Companies Act in matters of secured asset sales.

Pegasus Assets Reconstruction P.Ltd vs M/S Haryana Concast Limited & Anr · Niyam