Supreme Court · 2014 INSC 196 · Decided 14 March 2014

J. Rajiv Subramaniyan & ANR. v. M/S. Pandiyas & ORS.

Court
Supreme Court of India
Citation
2014 INSC 196 · [2014] 3 S.C.R. 1140
Case number
CIVIL APPEAL No. 3865/2014
Decided
14 March 2014
Bench
S.S. NIJJAR, A.K. SIKRI (2-judge bench)
Outcome
Disposed off
Case type
Civil
Acts & sections cited
Constitution Article 300A; SARFAESI Act

Headnote

SECURITISATION AND RECONSTRUCT/ON OF FINANCIAL ASSETS AND ENFORCEMENT OF C SECURITY INTEREST ACT, 2002: s. 13(8) - Right of borrower - Held: The provision contained in s. 13(8) is specifically for the protection of the borrowers in as much as, ownership of the secured assets is 0 a constitutional borrowers and protected ul Article 300A of the Constitution - Therefore, the secured creditor as a trustee of the secured asset cannot deal with the same in any manner it likes and such an asset can be . disposed of only in the manner prescribed in the SARFAESI Act - Therefore, the creditor should

Search related judgments

Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)