Supreme Court · 2022 INSC 509 · Decided 4 May 2022
Asset Reconstruction Company (India) Limited v. S. P. Velayutham & Ors
- Court
- Supreme Court of India
- Citation
- 2022 INSC 509 · [2022] 17 S.C.R. 637
- Case number
- CIVIL APPEAL No. 2752/2022
- Decided
- 4 May 2022
- Bench
- HEMANT GUPTA, V. RAMASUBRAMANIAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 145; Constitution Article 226; Registration Act Section 32to35, 32, 33, 34, 69(1)
Headnote
Constitution of India - Art.226 - Jurisdiction under - Failure of registering authority to perform its duties - The borrower defaulted in repayment of the loan pursuant to which the Bank issued a demand notice u/s 13(2) of the Securitisation Act - proceedings under the Securitisation Act, assigned the debt and the collateral security in favour of the appellant - By deed of PoA, the power of sale is said to have been conferred upon the agent, but this was un-registered - On the basis of deed of PoA, which did not confer a power of sale,
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