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

2010 Supreme(Mad) 2363

ELIPE DHARMA RAO
Indian Bank, Asset Recovery Management Branch-I & Others – Appellant
Versus
Debt Recovery Appellate Tribunal, Mumbai & Others – Respondent


Advocates appeared:
For the Appearing Parties:G. Masilamani, Senior Counsel For M/s. King & Patridge, R. Krishnamoorthy, Senior Counsel For Srinath Sridevan, Habibulla Basha, Senior Counsel For Srinath Sridevan, R. Srinivas, Advocates.

Judgment

ELIPE DHARMARAO, J.

The legal question that is required to be answered by us in these matters is could there be any complete waiver of deposit amount to be made by the borrower/guarantor while preferring an appeal before the Debts Recovery Appellate Tribunal, as contemplated under Section 18(1) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the SARFAESI Act) and whether credit could be given to the borrower/guarantor as against the amount deposited/paid by the auction purchaser towards the sale price?

2. The writ petitioner/Bank is the creditor; the respondents 3 and 4 in the writ petition are the guarantors and the 5th respondent in the writ petition, who is the petitioner in the Civil Revision Petition is the auction purchaser. For the sake of convenience and easy reference, the parties are referred to as per their ranking in the writ petition.

.3. One late G. Venkateswaran and his wife Mrs. Sujatha Venkateswaran were the shareholders of Sujatha Films Limited, Parsn Medicinal Plants Private Limited now renamed as Parsn Holiday Resorts (P) Limited and Coconut Groves Private Limited,



















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