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december 2016

Supreme Court of India · 2016-12-16

STATE BANK OF INDIA vs SANTOSH GUPTA AND ANR. ETC.

Citation / case number
SC 2015/35157
Court
Supreme Court of India
Petitioner
STATE BANK OF INDIA
Respondent
SANTOSH GUPTA AND ANR. ETC.
Author
ROHINTON FALI NARIMAN KURIAN JOSEPH
Bench
ROHINTON FALI NARIMAN KURIAN JOSEPH

Judgment text excerpt

The Supreme Court held that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) are applicable to the State of Jammu & Kashmir, thereby overruling the High Court's decision that deemed them outside the legislative competence of Parliament due to conflicts with Section 140 of the Transfer of Property Act, 1920. The Court clarified that SARFAESI allows banks to enforce security interests without court intervention, emphasizing the importance of uniformity in financial legislation across India. The appeals were allowed, affirming the applicability of SARFAESI to all India banks operating in Jammu & Kashmir.

STATE BANK OF INDIA vs SANTOSH GUPTA AND ANR. ETC. · Niyam