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.