Supreme Court · 2018 INSC 210 · Decided 6 March 2018
Dwarika Prasad v. State of Uttar Pradesh and ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 210 · [2018] 3 S.C.R. 29
- Case number
- CIVIL APPEAL No. 148/2018
- Decided
- 6 March 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- SARFAESI Act Section 13(8), 13(2)
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s. 13 (8) - Right to redemption - Extinguishment of - Held: s. 13(8) mandates that it is only where the dues of the secured creditor are tendered together with costs, the date fixed for sale or transfer that the secured asset is not to be sold or transferred - On facts, appellant guarantor to sanctioned loan, created an equitable mortgage in respect of immovable property and the said property was auctioned by the bank - Appellant was aware of the
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