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.