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april 2016

Supreme Court of India · 2016-04-22

AXIS BANK vs SBS ORGANICS PVT. LTD

Citation / case number
SC 2015/13728
Court
Supreme Court of India
Petitioner
AXIS BANK
Respondent
SBS ORGANICS PVT. LTD
Author
KURIAN
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that under Section 18 of the SARFAESI Act, a borrower must deposit fifty percent of the amount ordered by the DRT to entertain an appeal before the DRAT. The Court clarified that if the appeal is withdrawn after the DRT's order is set aside, the borrower is entitled to a refund of the deposit made, as the condition for withdrawal being subject to the appeal's outcome is not valid. The Court upheld the High Court's decision allowing the unconditional withdrawal of the deposit.

AXIS BANK vs SBS ORGANICS PVT. LTD · Niyam