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january 2023

Supreme Court of India · 2023-01-05

KOTAK MAHINDRA BANK LIMITED vs GIRNAR CORRUGATORS PVT. LTD.

Citation / case number
SC 2017/29729
Court
Supreme Court of India
Petitioner
KOTAK MAHINDRA BANK LIMITED
Respondent
GIRNAR CORRUGATORS PVT. LTD.
Author
HON'BLE MR. JUSTICE M.R. SHAH
Bench
HON'BLE MR. JUSTICE C.T. RAVIKUMAR HON'BLE MR. JUSTICE M.R. SHAH

Judgment text excerpt

The Supreme Court examined the validity of the proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, particularly regarding the attachment and possession of secured assets. The court analyzed whether the district magistrate's order and subsequent actions were in accordance with the provisions of the SARFAESI Act. It upheld the authority of the bank to initiate recovery proceedings under the Act, emphasizing the statutory framework for secured asset recovery. The court dismissed the appeal, affirming the procedural correctness and legal validity of the actions taken by the bank under the SARFAESI Act.

KOTAK MAHINDRA BANK LIMITED vs GIRNAR CORRUGATORS PVT. LTD. · Niyam