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january 2025

Supreme Court of India · 2025-01-29

M.S. Sanjay vs Indian Bank

Court
Supreme Court of India
Petitioner
M.S. Sanjay
Respondent
Indian Bank

Judgment text excerpt

The Supreme Court examined the validity of the High Court's decision setting aside the order of the Debt Recovery Tribunal concerning a mortgage and auction under the SARFAESI Act. The Court analyzed whether the procedural and substantive requirements of the SARFAESI Act were properly followed by the Bank in auctioning the mortgaged property. The Court upheld the Bank's actions, emphasizing adherence to statutory provisions and procedural fairness. The appeal was thus allowed, restoring the order passed by the Debt Recovery Tribunal.

M.S. Sanjay vs Indian Bank · Niyam