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

2022 Supreme(P&H) 297

M. S. RAMACHANDRA RAO, H. S. MADAAN
Kotak Mahindra Bank Ltd. – Appellant
Versus
District Magistrate – Respondent


Advocates Appeared:
Mr.Manish Jain, Advocate, Mr. Mayur Kanwar, Advocate, and Mr.Siddhant Jain, Advocate,, for the Appellant; Mr.Vaibhav Sharma, Advocate, for respondents No.2(ii) & 2(iv). Mr.Sandeep Vermani, Addl. A.G., Punjab, for the Respondent

JUDGMENT

M.S. Ramachandra Rao, J. - Backgrounds of the case This Writ Petition is filed by the petitioner-Bank to quash the order dt.15.12.2021 passed by the District Magistrate, Ludhiana ( respondent No.1) rejecting petitioner's request to pass orders under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short 'the SARFAESI Act'] for delivery of possession of a secured asset owned by respondent No.2 and also mortgaged by him to the petitioner-Bank. M/s Oswal Spinning and Weaving Mills limited ( for short 'the Company') had been granted certain credit facilities by UCO Bank and other financial institutions. In order to secure the credit facilities sanctioned, the Company created security interest by way of creation of mortgage in favor of the lenders on it's moveable and immoveable assets. The said financial facilities were also secured by the Personal guarantees of respondent No.2 Raj Pal Oswal and 2 others.

2. On account of continuous defaults made by the Company/Guarantors/Mortgagors to discharge the dues, the lenders classified the account of the Company as NPA.

3. The petitioner Bank acquired the debts/de

                          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