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february 2022

Supreme Court of India · 2022-02-10

BANK OF BARODA vs M/S KARWA TRADING COMPANY

Citation / case number
SC 2017/31072
Court
Supreme Court of India
Petitioner
BANK OF BARODA
Respondent
M/S KARWA TRADING COMPANY
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court addressed the appeal by Bank of Baroda against the Rajasthan High Court's decision that quashed the Single Judge's order and mandated the bank to release a residential property upon the borrower depositing an additional sum. The Court emphasized the importance of adhering to the Debt Recovery Tribunal's procedures and the rights of secured creditors. Ultimately, the Supreme Court upheld the High Court's directive, allowing the borrower to restore their appeal before the DRT for a merits hearing.

BANK OF BARODA vs M/S KARWA TRADING COMPANY · Niyam