Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2017

Supreme Court of India · 2017-03-02

CANARA BANK vs M. AMARENDER REDDY

Citation / case number
SC 2016/22547
Court
Supreme Court of India
Petitioner
CANARA BANK
Respondent
M. AMARENDER REDDY
Author
A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court upheld the High Court's interpretation of Rule 8(6) and Rule 9 of the Security Interest (Enforcement) Rules, 2002, mandating that a secured creditor must provide a separate individual notice to the borrower with a clear 30-day period before deciding on the sale of secured assets. The Court emphasized that this requirement is statutory and essential for effective implementation of Section 13(8) of the Act. The Court held that the sale notification issued by the appellant bank was invalid due to non-compliance with this mandatory notice requirement.

CANARA BANK vs M. AMARENDER REDDY · Niyam