Supreme Court · 2023 INSC 12 · Decided 5 January 2023

Kotak Mahindra Bank Limited v. Girnar Corrugators PVT. LTD. & ORS.

Court
Supreme Court of India
Citation
2023 INSC 12 · [2023] 1 S.C.R. 873
Case number
CIVIL APPEAL No. 6662/2022
Decided
5 January 2023
Bench
M.R. SHAH, KRISHNA MURARI (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
IBC; SARFAESI Act Section 26E, 14, 17

Headnote

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) - ss. 13(2), 13(4), 14, 17, 26E - Micro, Small and Medium Enterprises Development Act, 2006 (MSMED Act) - ss. 15-23, 24 - Whether the MSMED Act would prevail recovery proceedings/recoveries under MSMED Act would prevail over the recoveries made/recovery proceedings under provisions of the SARFAESI Act - Held : Sec 15 to 23 of the MSMED Act provides a special mechanism for adjudication of dispute between buyer and seller - But does not

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