Supreme Court · 2018 INSC 1034 · Decided 1 November 2018
M/S Hindon Forge PVT. LTD. & ANR. v. The State of Uttar Pradesh Through District Magistrate Ghaziabad & ANR.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 1034 · [2018] 11 S.C.R. 1019
- Case number
- CIVIL APPEAL No. 10873/2018
- Decided
- 1 November 2018
- Bench
- R.F. NARIMAN, NAVIN SINHA (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Civil
- Acts & sections cited
- SARFAESI Act Section 17(1)
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002: s.17(1) - Whether an application under s.17(1) of the SARFAESI Act at the instance of a borrower, is maintainable even before physical or assets is taken by banks/financial institutions in exercise of their powers under s.13(4) of the Act r/w r.8 of the Rules, 2002 - Held: The scheme of s.13(4) r/w r.8(1) makes it clear that the delivery of a possession notice together with affixation on the property and publication is one
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