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

2021 Supreme(Ker) 1182

S. MANIKUMAR, SHAJI P. CHALY
K. J. Binu – Appellant
Versus
Secretary, Nedumangad Municipality – Respondent


Advocates:
Advocate Appeared:
For the Appellant : DR. S. GOPAKUMARAN NAIR (SR.) SMT. T. S.MAYA (THIYADIL) SRI. D. S. SREEKUMARAN SRI. SOORAJ T. ELENJICKAL
For the Respondent: SRI. SURIN GEORGE IPE

ORDER :

S. Manikumar, J

Instant review petition is filed seeking to review the judgment of this Court in W.P.(C) No. 19984 of 2020 dated 25/09/2020, by which, having found that there is no merit in the writ petition, the reliefs sought for by the petitioner were rejected and consequently, dismissed the same. Said judgment reads thus:

    “43. In the light of the decision in Transcore v. Union of India(cited supra), the secured creditor stands in the position of a receiver and if that be so, it is not open for the bank/secured creditor, who has a charge over the secured asset, to contend that the borrower has lost the status of owner of the property.

44. Giving due consideration to the provisions of the SARFAESI Act, 2002, and the rules framed thereunder, we are of the view that the borrower, who had defaulted to pay the loan amount with interest for which, properties are brought for auction, is still the owner of the property and entitled to seek for enforcement of his rights, under the laws in force. Therefore, the 5th respondent, can seek enforcement of his property rights under Article 300A of the Constitution of India.”

2. W.P.(C) No.19984 of 2020 has been filed by the petitioner seeki

    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