M.JAICHANDREN, K.KALYANASUNDARAM
Tamilnadu Organic – Appellant
Versus
State Bank Of India – Respondent
M. Jaichandren J.
1. Since the issues involved in all the writ petitions are similar in nature, they have been taken up together and a common order is being passed.
2. Heard the learned counsels appearing for the parties concerned.
3. The learned counsels appearing for the petitioners had submitted that the impugned e-auction sale notices, issued by the authorised officers of the respondent banks concerned, are arbitrary, illegal and void. The terms and conditions prescribed in the e-auction sale notices in question are not in tune with the Security Interest (Enforcement) Rules, 2002. The procedures prescribed under the Rules, especially, those which are enshrined in Rule 8 of the said Rules, have not been followed by the authorised officers of the respondent banks concerned, while issuing the impugned e-auction sale notices.
4. It had been further submitted that a number of onerous terms have been incorporated in the impugned e-auction sale notices, including the requirement of digital signatures. It had also been stipulated that the respondent banks and the authorities concerned cannot be held liable for the discrepancies or irregularities, if any, that may occur during the
M/s.Bombay Salt and Chemical Industries Vs. L.J.Johnson and others
SIL Import, USA Vs. Exim Aides Silk Exporters, Bangalore, (1999 4 SCC 567)
Michigan Rubber (India) Limited Vs. State of Karnataka and others
Rosali.V Vs. Taico Bank, (2009) 17 SCC 690
Satyabrata Biswas v. Kalyan Kumar Kisku (1994) 2 SCC 266
Ram Chandra Singh v. Savitri Devi., (2003) 8 SCC 319
Board of Control For Cricket Vs. Netaji Cricket Club and Others (2005) 4 SCC 741
State of Maharashtra Vs. Dr.Praful B.Desai
State of Punjab Vs. Amritsar Beverages Ltd
B.Premanand and others Vs. Mohan Koikal and others, (2011 4 SCC 266)
Delhi Financial Corporation vs. Rajiv Anand 2004 (11) SCC 625
Ashoka Smokeless Coal India (P) Ltd Vs. Union of India and others
B.Premanand and others Vs. Mohan Koikal and others
Commisioner of Sales Tax Vs. M/s.Parson Tools and Plants, Kanpur, (1975) 4 SCC 22
Sardar Associates and others Vs. Punjab and Sind Bank and Others
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.