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2019 Supreme(SC) 680

DEEPAK GUPTA, SURYA KANT
MAXIMUS ARC LIMITED – Appellant
Versus
SRI DEVI KARUMARIAMMAN EDUCATIONAL TRUST – Respondent


Advocates Appeared:
For the Petitioner: Mr. S. Ganesh, Sr. Adv., Mr. Shivam Singh, Adv., Mr. Nithyaesh Natraj, Adv., Mr. Vaibhav R. Venkatesh, Adv., Mr. Srikanth S.,Adv., Mr. Gopal Singh, AOR
For the Respondent: Mr. Sanjay Hegde, Sr. Adv., Mr. Prasanna S., Adv., Mr. Shantanu Singh, Adv., Mr. Harsha Raj, Adv., Mr. Goutham Shiv Shankar, AOR

ORDER

1. Leave granted.

2. The 1st respondent, which is an educational trust running a medical college and an engineering college, had availed loans from the Central Bank of India and Bank of India. It had mortgaged certain properties as security for repayment of the loans received. As far as the Bank of India is concerned, it assigned the debt owed to it to the appellant herein. The appellant invoked the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and prayed that since the Trust had failed to discharge its duties, it be restrained from admitting students for the academic year 2019-2020, because that would affect the value of the property and also delay the sale of the property. It was also contended that the future of the students itself would be in jeopardy if they are admitted and later on the properties (colleges) were ordered to be sold.

3. The Single Judge vide order dated 10th May 2019, passed an order of interim injunction restraining the 1st respondent from admitting students from the academic year 2019-2020 and also directed the University, i.e., Respondent No. 2 herein, to initiate steps for disaffiliat



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