Supreme Court · 2013 INSC 734 · Decided 30 October 2013
Jagdish Singh v. Heeralal and Others
- Court
- Supreme Court of India
- Citation
- 2013 INSC 734 · [2013] 12 S.C.R. 232
- Case number
- CIVIL APPEAL No. 9771/2013
- Decided
- 30 October 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC Section 9; SARFAESI Act
Headnote
SECURITISATION AND RECONSTRUCTION OF FINANCIAL ASSETS AND ENFORCEMENT OF C SECURITY INTEREST ACT, 2002: ss. 2(zc) and 2(zf) - Security interest - Onginal title deeds of properties deposited with bank creating equitable mortgage against loan - Held: Security interest, within the meaning of 0 properties in question which are secured assets within the meaning of s.2(zc), in favour of the secured creditor (the bank) within the meaning of s.2(zd) -- On failure to re-pay, the bank can always enforce its security interest over the secured assets. E ss.13(4), 17 and 34 - Title deeds
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