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april 2024

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.

Phr Invent Educational Society vs Uco Bank · Niyam