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2002 Supreme(SC) 2280

V.N.KHARE, ASHOK BHAN, ARUN KUMAR
Mardia Chemicals Ltd. – Appellant
Versus
Union of India – Respondent


JUDGMENT :

1. It would be open to the secured creditors to proceed against the borrowers under sub-clauses (2) and (4) of Clause 13 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest (Second) Ordinance, 2002. However, they shall not part with the assets of the borrower by way of lease, assignment or sale.

2. It is made clear that this order will not preclude the secured creditors from taking recourse to any other alternatives provided under Clause 13(4) of the Ordinance.

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