Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 – s. 13 (8) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) |
Case(s) Referred | Referred Case 0 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | Securitisation and Reconstruction of Financial Assets andEnforcement of Security Interest Act, 2002 – s. 13 (8) – Right toredemption – Extinguishment of – Held: s. 13(8) mandates that it isonly where the dues of the secured creditor are tendered togetherwith costs, charges and expenses before the date fixed for sale ortransfer that the secured asset is not to be sold or transferred – Onfacts, appellant guarantor to sanctioned loan, created an equitablemortgage in respect of immovable property and the said propertywas auctioned by the bank – Appellant was aware of the proceedingsinitiated by the bank for asserting its right to recover its dues byselling the property – While appellant deposited an amount ofRs 7,00,000/- with the bank, but failure to deposit the balance inaccordance with the provisions of s.13(8) – Even after the writproceedings before the High Court was withdrawn, appellant didnot deposit the balance due together with the costs, charges andexpenses – Sale was confirmed and registered sale deed was executed– Thus, the right to redemption stood extinguished on the executionof the registered sale deed – However, appellant to be refunded thedeposit of Rs 7,00,000/- with interest at 9% p.a. |
Judge | Hon'ble Dr. Justice D.Y. Chandrachud |
Neutral Citation | 2018 INSC 210 |
Petitioner | Dwarika Prasad |
Respondent | State Of Uttar Pradesh And Ors. |
SCR | [2018] 3 S.C.R. 29 |
Judgement Date | 2018-03-06 |
Case Number | 148 |
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