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Supreme Court of India · 2020-04-24

M/S TRIPOWER ENTERPRISES (PRIVATE) LIMITED vs STATE BANK OF INDIA

Citation / case number
SC 2019/43887
Court
Supreme Court of India
Petitioner
M/S TRIPOWER ENTERPRISES (PRIVATE) LIMITED
Respondent
STATE BANK OF INDIA
Author
HON'BLE MR. JUSTICE A.M. KHANWILKAR
Bench
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE A.M. KHANWILKAR

Judgment text excerpt

The Supreme Court upheld the decision of the Debts Recovery Appellate Tribunal, which had allowed the State Bank of India to retrieve original documents related to a mortgage under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Court found that the High Court's reversal of the DRAT's order was erroneous, as the issues regarding the validity of the mortgage were still pending examination in the main proceedings. Consequently, the appeal was allowed, affirming the DRAT's order and enabling the Bank to proceed with the return of the documents.

M/S TRIPOWER ENTERPRISES (PRIVATE) LIMITED vs STATE BANK OF INDIA · Niyam