Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Physical possession. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Security Interest (enforcement) Rules (0 of 2002) Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Security Interest (Enforcement) Rules, 2002 – Appellants/ Original tenants in physical possession of premises – Appellants were issued sale certificate after auction- Bank admitted to procedural lapse – DRT set aside sale and directed Bank to refund auction money with interest as applicable to fixed deposit only after receiving the possession of the premises – DRT found no proof of improvements/investments – DRAT and High Court confirmed. Held: Supreme Court upheld the setting aside of the auction/sale in view of concurrent findings and Bank’s admission- Supreme Court modified DRT’s directions – Appellants were allowed to retain physical possession in the capacity of tenants and borrower/ landlord could to evict as per law and Bank was directed to return the auction money with 12% per annum compound interest. [Paras 12-15] |
Judge | Hon'ble Mr. Justice Vikram Nath |
Neutral Citation | 2024 INSC 326 |
Petitioner | Govind Kumar Sharma & Anr. |
Respondent | Bank Of Baroda & Ors. |
SCR | [2024] 4 S.C.R. 633 |
Judgement Date | 2024-04-18 |
Case Number | 24155 |
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