Supreme Court · 2016 INSC 334 · Decided 22 April 2016

Axis Bank v. SBS Organics Private Limited and Another

Court
Supreme Court of India
Citation
2016 INSC 334 · [2016] 2 S.C.R. 920
Case number
CIVIL APPEAL No. 4379/2016
Decided
22 April 2016
Bench
KURIAN JOSEPH, R.F. NARIMAN (2-judge bench)
Outcome
Dismissed
Case type
Civil
Acts & sections cited
Contract Act Section 171; SARFAESI Act Section 18

Headnote

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.18 - Appeal under - Partial deposit by borrower before the Debt Recovery Appellate Tribunal as a pre-condition for considering the appeal on merits - Borrowers right to get back Partial deposit is not a secured asset - It is not a secured debt either. since the borrower or the aggrieved person has not created any security interest on such pre-deposit in favour of the secured creditor - On disposal of the appeal, either on merits or on withdrawal, or on being rendered

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