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december 2015

Supreme Court of India · 2015-12-29

PEGASUS ASSETS RECONSTRUCTION P.LTD. vs M/S HARYANA CONCAST LIMITED

Citation / case number
SC 2010/20928
Court
Supreme Court of India
Petitioner
PEGASUS ASSETS RECONSTRUCTION P.LTD.
Respondent
M/S HARYANA CONCAST LIMITED
Author
SHIVA KIRTI SINGH VIKRAMAJIT SEN
Bench
SHIVA KIRTI SINGH VIKRAMAJIT SEN

Judgment text excerpt

The Supreme Court addressed the issue of whether a Company Court can control the sale of secured assets by a secured creditor under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). The Court held that the SARFAESI Act grants secured creditors the right to enforce security interests without court intervention, thereby overruling the Punjab and Haryana High Court's decision that imposed restrictions on such sales. The Court affirmed that the Companies Act cannot impose fetters on the rights of secured creditors under the SARFAESI Act, leading to the dismissal of appeals that sought to challenge the sale process.

PEGASUS ASSETS RECONSTRUCTION P.LTD. vs M/S HARYANA CONCAST LIMITED · Niyam