SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2005 Supreme(Ker) 704

A.K.BASHEER
Solaris Systems Pvt. Ltd – Appellant
Versus
Oriental Bank of Commerce – Respondent


Judgment :-

(A) Can a secured creditor enforce a security interest invoking the provisions contained under Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 (for short, the Act), even after obtaining a recovery certificate from the Debts Recovery Tribunal in respect of the very same secured asset?

(B) Does a "borrower" under the Act lose such status if an order has been passed against him by the Debts Recovery Tribunal for recovery of the debt?

(C) Is a Chief Judicial Magistrate in a non Metropolitan area debarred from exercising the powers under Section 14 of the Act to take possession of the secured asset?

2. These and certain other ancillary questions have come up for consideration in this petition filed by a borrower/judgment debtor under Section 482 of the Code of Criminal Procedure.

3. The petitioner had availed of a loan from M/s. Oriental Bank of Commerce, Ernakulam Branch (for short, the Bank). It is not in dispute that the Bank had approached the debts Recovery Tribunal, Ernakulam for recovery of the outstanding dues payable by the petitioner under the Recovery of Debts Due to Banks and Financial Institutions





































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top