Supreme Court · [2014] 2 S.C.R. 736 · Decided 10 February 2014
Mathew Varghese v. M. Amritha Kumar & ORS.
- Court
- Supreme Court of India
- Citation
- [2014] 2 S.C.R. 736
- Case number
- CIVIL APPEAL No. 1927/2014
- Decided
- 10 February 2014
- Bench
- A.K. PATNAIK, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Civil
- Acts & sections cited
- Constitution Article 300A; Companies Act; SARFAESI Act Section 13(8)
Headnote
SEGUR/TISA T/ON AND RECONSTRUCT/ON OF C FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002: s.13(1) - Held: Any secured creditor may be entitled to enforce the secured asset created in its favour on its own 0 without resorting to any court proceedings or approaching such enforcement should be in conformity with the other provisions of the SARFAESI Act. s.13(8) - Right of borrower - Held: There is a valuable right recognized and asserted in favour of the borrower, who E is the owner of the secured asset and who is extended an opportunity to take all efforts
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