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Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

30 judgments · newest first · showing 1–30

SHALUversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Shalu filed a writ petition challenging two orders dated 17‑08‑2026 and 18‑02‑2026 that were passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner argued that the orders were illegal and sought relief from …

SUBHASH AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

The petitioners Subhash and another filed a writ petition before the Allahabad High Court challenging actions of the State of Uttar Pradesh and four other respondents. The petition sought relief, but counsel for the petitioners requested that the petition be dismissed with liberty to approach the …

AXIS BANK LTD THRU MANAGERversusSTATE OF MAHARASHTRA THRU G P AND ANR

Disposed Off

Axis Bank Limited, a secured creditor, filed a writ petition seeking limited protection for the speedy disposal of its application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which had been pending before a …

Vidhasagar PrasadversusThe State of Bihar

DISPOSED

Vidhasagar Prasad filed a writ petition in the Patna High Court seeking a certiorari to quash a notice issued under Section 13(2) of the SARFAESI Act demanding payment of Rs. 45.11 lakh, and to set aside an order under Section 14 authorising the District Magistrate to direct possession of his …

TRISHA SAXENAversusUNION OF INDIA AND 2 OTHERS

The petitioner, Trisha Saxena, filed a writ petition under Article 226 seeking to quash a notice dated 30.02.2026 issued by an Advocate Commissioner that led to possession of her property by a bank. She argued that only the bank, not the Advocate Commissioner, was authorized to issue such notice. …

AMRENDRA KUMAR JAISWALversusUNION BANK OF INDIA

Petitioner Amrendra Kumar Jaiswal filed a writ petition under Article 226 seeking a mandamus directing Union Bank of India to return possession of secured assets, claiming he had repaid all dues. The bank contended that the petitioner had already filed a petition under Section 17 of the SARFAESI …

PHR INVENT EDUCATIONAL SOCIETYversusUCO BANK AND OTHERS

2024 INSC 297Appeal(s) allowed

The borrower defaulted on a loan from UCO Bank, which led to an auction of four mortgaged properties; PHR Invent Educational Society (the appellant) was the highest bidder and paid the full consideration, after which the sale was confirmed and registered. The borrower filed a securitization …

AUTHORISED OFFICER, CENTRAL BANK OF INDIAversusSHANMUGAVELU

2024 INSC 80Disposed off

The Central Bank of India conducted an e‑auction of a secured asset under the SARFAESI Act and the successful bidder, Shanmugavelu, deposited 25% earnest‑money. After being granted a 90‑day extension, he failed to pay the balance and the bank forfeited the entire deposit under Rule 9(5) of the …

G. VIKRAM KUMARversusSTATE BANK OF HYDERABAD & ORS.

2023 INSC 475Appeal(s) allowed

The borrower (G. Vikram Kumar) failed to repay a loan to State Bank of Hyderabad, which invoked Section 13(4) of the SARFAESI Act and attached the borrower's properties. The Debt Recovery Tribunal (DRT) allowed the bank to sell the properties but excluded seven flats; Flat No.6401 was not among …

M/S SOUTH INDIAN BANK LTD. & ORS.versusNAVEEN MATHEW PHILIP & ANR. ETC. ETC.

2023 INSC 379Disposed off

The appellants, South Indian Bank Ltd. and others, appealed against the Kerala High Court’s orders allowing borrowers to defer loan repayment under the SARFAESI Act. The borrowers had filed writ petitions under Article 226 challenging notices issued under Sections 13(2) and 13(4) of the SARFAESI …

AUTHORISED OFFICER STATE BANK OF INDIAversusC. NATARAJAN & ANR

2023 INSC 341Appeal(s) allowed

The State Bank of India, as authorized officer, conducted an e‑auction of a secured asset of a defaulting borrower. The highest bidder, C. Natarajan, paid 25% of the sale price but failed to pay the balance within the extended deadline and sought further extensions, which were refused. The officer …

MRS. LEELAMMA MATHEWversusM/S INDIAN OVERSEAS BANK & ORS.

2022 INSC 1214Appeal(s) allowed

Mrs. Leelamma Mathew purchased a secured property advertised as 54 cents in an auction conducted by Indian Overseas Bank under the SARFAESI Act. After paying the full consideration, she received possession of only 39.60 cents, the remaining 14.40 cents having been transferred earlier by the original …

BAJARANG SHYAMSUNDER AGARWALversusCENTRAL BANK OF INDIA & ANR.

2019 INSC 1017Disposed off

The appellant, who claimed to be a tenant of a flat mortgaged by the borrower to Central Bank of India, sought to stay the bank’s possession of the secured asset under the SARFAESI Act. The bank had issued a notice under Section 13(2) of the SARFAESI Act and obtained an order under Section 14 for …

AGARWAL TRACOM PVT. LTD.versusPUNJAB NATIONAL BANK & ORS.

2017 INSC 1146Dismissed

Agarwal Tracom Pvt. Ltd. purchased assets of a defaulting borrower at a public auction conducted by Punjab National Bank (PNB) under the SARFAESI Act. After failing to pay subsequent installments, the bank forfeited Agarwal's deposit pursuant to Rule 9(5) of the Security Interest (Enforcement) …

PEGASUS ASSETS RECONSTRUCTION P. LTD.versusM/S. HARYANACONCAST LIMITED &ANR.

2015 INSC 947Disposed off

The Supreme Court examined whether a Company Court or an Official Liquidator can control the sale of secured assets by a secured creditor under the SARFAESI Act when the borrower is a company under winding up. Pegasus Assets Reconstruction Ltd, the secured creditor, sought to enforce its security …

KANAIYALAL LALCHAND SACHDEV AND ORS.versusSTATE OF MAHARASHTRA AND ORS.

2011 INSC 106Dismissed

The State Bank of India advanced a Rs. 4.5 crore loan to the appellants on an equitable mortgage and, after default, issued a notice under Section 13(2) of the SARFAESI Act. The bank then filed an application under Section 14 before the Chief Metropolitan Magistrate, which ordered possession of the …

BHARAT STEEL TUBES LIMITEDversusIFCI LIMITED

2010 INSC 837Disposed off

Bharat Steel Tubes Ltd. had borrowed money from Punjab National Bank and entered into a one‑time settlement, paying only part of the amount. It later engaged Assets Care Enterprises Ltd. (ACE) to pay the balance, and ACE assigned its rights to IFCI Ltd. IFCI invoked the SARFAESI Act to enforce …

PUNJAB AND SIND BANKversusM/S. ALLIED BEVERAGE COMPANY PVT. LTD. AND ORS.

2010 INSC 665Dismissed

Punjab and Sino Bank had granted cash credit facilities to Allied Beverage Company, which later became a non‑performing asset. The bank recovered the dues through the Debts Recovery Tribunal, which awarded interest at 18% per annum with monthly rests. The High Court modified this order, reducing the …

UNITED BANK OF INDIAversusSATYAWATI TONDON AND OTHERS

2010 INSC 428Appeal(s) allowed

United Bank of India (the appellant) issued notices under Sections 13(2) and 13(4) of the SARFAESI Act and obtained an order under Section 14 against guarantor Satyawati Tondon, without first taking action against the borrower, Pawan Color Lab. The guarantor filed a writ petition under Article 226 …

M/S. SARDAR ASSOCIATES & ORS.versusPUNJAB & SINDH BANK & ORS.

2009 INSC 989Appeal(s) allowed

The appellants, borrowers of a public sector bank, sought a one‑time settlement of their non‑performing loan under RBI guidelines, offering to pay Rs 345.31 lacs, but the bank demanded a higher amount and refused. The Debt Recovery Appellate Tribunal directed the bank to settle as per the RBI …

ICICI BANKversusSHANTI DEVI SHARMA ANO ORS.

2008 INSC 686Disposed off

The respondents alleged that their son committed suicide after ICICI Bank's recovery agents forcibly repossessed his motorcycle, causing humiliation. A writ petition was filed seeking police action against the bank. The Delhi High Court ordered police reports, found them unsatisfactory, and directed …