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2018 Supreme(SC) 201

A.K.SIKRI, ASHOK BHUSHAN
Indiabulls Housing Finance Limited – Appellant
Versus
Deccan Chronicle Holdings Limited – Respondent


JUDGMENT :

A.K. Sikri, J.

This appeal preferred by Indiabulls Housing Finance Limited, in which the main contesting parties are M/s. Deccan Chronicle Holdings Limited and its Directors (other respondents are the proforma parties), questions the correctness and legality of the judgment and order dated February 04, 2014 passed by the High Court of Judicature of Andhra Pradesh at Hyderabad. The impugned judgment is passed by the High Court in the writ petition which was filed by the contesting respondents questioning the validity of actions taken by the appellant against the contesting respondents under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the ‘SARFAESI Act’) for recovery of the loan amounts, along with interest, which are payable by the contesting respondents to the appellant.

2. The High Court has accepted the challenge laid by the contesting respondents holding that:

(a) loan agreements contained arbitration clauses which were invoked by the appellant with the filing of cases under Section 9 of the Arbitration and Conciliation Act, 1996. In view thereof, initiation of any o
































































































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