Supreme Court · 2018 INSC 200 · Decided 23 February 2018
Indiabulls Housing Finance Limited v. M/S. Deccan Chronicle Holdings Limited and Others
- Court
- Supreme Court of India
- Citation
- 2018 INSC 200 · [2018] 1 S.C.R. 1096
- Case number
- CIVIL APPEAL No. 18/2018
- Decided
- 23 February 2018
- Bench
- A.K. SIKRI, ASHOK BHUSHAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 69, 69A; Arbitration Act Section 9; Companies Act Section 391, 394; SARFAESI Act Section 2(1)(f), 2(1)(zd)
Headnote
Securitisation and Reconstruction of Financial Assests and Enforcement of Security Interest Act, 2002: ss.2(1)(f), 2(1)(zb), 2(1)(zf) and 2(1)(zd), and 13(1) and (4) - Loan granted to respondent (borrower) - By a non-financial company Act) - The company subsequently merged with appellant-company (a financial company covered by 2002 Act) - For recovery of loan initiation of proceedings under 2002 Act - Held by High Court that the provisions of 2002 could not be invoked because the company which had granted
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