Supreme Court of India · 2024-04-10
Phr Invent Educational Society vs Uco Bank
- Citation / case number
- 2024 INSC 297
- Court
- Supreme Court of India
- Petitioner
- Phr Invent Educational Society
- Respondent
- Uco Bank
- Author
- B.R. Gavai
- Bench
- Rajesh Bindal, B.R. Gavai
Judgment text excerpt
The Supreme Court upheld the High Court's order setting aside the Debts Recovery Tribunal's dismissal of the Borrower's application under Section 17 of the SARFAESI Act, 2002. The Court emphasized that the Borrower had a right to challenge the auction sale of mortgaged properties and that the DRT must proceed with the securitization application in accordance with the law. The outcome reinstated the Borrower's application for consideration, ensuring due process in the enforcement of security interests.