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november 2021

Supreme Court of India · 2021-11-26

Electrosteel Castings Limited vs Uv Asset Reconstruction Company ...

Court
Supreme Court of India
Petitioner
Electrosteel Castings Limited
Respondent
Uv Asset Reconstruction Company ...
Author
M. R. Shah
Bench
Sanjiv Khanna, M. R. Shah

Judgment text excerpt

The Supreme Court upheld the dismissal of the appellant's suit by the Madras High Court, ruling that the suit was barred under Section 34 of the SARFAESI Act, 2002. The court reasoned that the provisions of the SARFAESI Act provide a specific mechanism for addressing grievances related to secured creditors and that the appellant, as a guarantor, could not circumvent this mechanism through a civil suit. Consequently, the appeal was dismissed, affirming the High Court's decision.

Electrosteel Castings Limited vs Uv Asset Reconstruction Company ... · Niyam