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2010 Supreme(Mad) 3360

FAKKIR MOHAMED IBRAHIM KALIFULLA, N.KIRUBAKARAN
Sheeba Philominal Merlin & Another – Appellant
Versus
The Repatriates Co-op Finance & Development Bank Ltd. , Chennai & Others – Respondent


Advocates appeared:
For the Petitioner:G. Rajagopalan, Senior Counsel for S. Thiruvenkataswamy, Advocate.
For the Respondents:R1 to R3 -Yashood Varthan, Senior Counsel for P.V. Sanjeev, Advocate, R4 - K.M. Vijayan, Senior Counsel K.R. Ramesh Kumar, Advocate.

Judgment

N.KIRUBAKARAN,J

1. "ABUSE", "MISUSE" – Meaning of the above words is the facts of this case.

2. The object of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 is to regulate Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest and for matters connected therewith or incidental thereto and the Act came into force on 17-12-2002. The Act aims at speedy recovery of defaulting loans and to reduce the mounting levels of non-performing assets of banks and financial institutions. The Act has been passed based on the recommendations of Narasimham Committee I and II and Andhyarujina Committee constituted by the Central Government for the purpose of examining banking sector reforms and to consider the need for changes in the legal system in respect of these areas. The provisions of the would enable the banks and financial institutions to realise long-term assets, manage problems of liquidity and asset liability mismatches and to improve recovery by exercising powers to take possession of securities, sell them and reduce non-performing assets by adopting measures for recovery or reconstructio





























































































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