Supreme Court · 2018 INSC 536 · Decided 17 May 2018
The Authorised Officer, State Bank of India v. M/S Allwyn Alloys PVT. LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2018 INSC 536 · [2018] 4 S.C.R. 477
- Case number
- CIVIL APPEAL No. 5248/2018
- Decided
- 17 May 2018
- Bench
- DIPAK MISRA, D.Y. CHANDRACHUD, A.M. KHANWILKAR (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- SARFAESI Act Section 34
Headnote
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - s.34 - Equitable mortgage created by respondent Nos. 2 to 4 in respect of the subject flat in favour of appellant-bank - Failure to repay the title over the subject flat by respondent no.5 and 6 (writ petitioners) - DRT and DRAT held that document "MOU" relied upon by respondents no.5 and 6 was created after the equitable mortgage and it was unregistered document which would not confer any right, title and interest
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