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january 2020

Supreme Court of India · 2020-01-31

VINAY KUMAR MITTAL vs DEWAN HOUSING FINANCE CORPORATION LTD

Citation / case number
SC 2019/41346
Court
Supreme Court of India
Petitioner
VINAY KUMAR MITTAL
Respondent
DEWAN HOUSING FINANCE CORPORATION LTD
Author
HON'BLE MR. JUSTICE L. NAGESWARA RAO
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO

Judgment text excerpt

The Supreme Court addressed appeals against interim orders from the Bombay High Court regarding the repayment of fixed deposits by Dewan Housing Finance Corporation Limited (DHFL). The Court emphasized the applicability of Section 36 and 36(A) of the National Housing Bank Act, 1987, and Section 45(q)(a) of the Reserve Bank of India Act, 1934, asserting that depositors' claims should take precedence over those of debenture holders. The Court upheld the interim orders, allowing the High Court's restrictions on DHFL's payments to unsecured creditors while ensuring depositors' rights are protected.

VINAY KUMAR MITTAL vs DEWAN HOUSING FINANCE CORPORATION LTD · Niyam