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
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