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2022 Supreme(Online)(KER) 45258

STATE BANK OF INDIA – Appellant
Versus
STEPHEN BERNARD – Respondent


Advocates:
['S EASWARAN', 'LIJU V STEPHEN', '', 'INDU SUSAN JACOB']

JUDGMENT

Dated this the 25th day of January, 2022 The first respondent along with his wife, availed credit facilities from the erstwhile State Bank of Travancore and committed default. The Bank initiated securitization proceedings in the year 2016. While so, SBT merged with the SBI and hence, petitioner Bank continued the proceedings and took measures for getting physical possession of the secured assets. Challenging the proceedings under Section 14 of the SARFAESI Act, the first respondent filed SA No.268 of 2017 before the Debts Recovery Tribunal. The application was dismissed by the DRT on 10.04.2018. Thereupon, the first respondent challenged that order before the Debts Recovery Appellate Tribunal in AIR (SA) 268 of 2018, which got rejected on 30.08.2018. Thereafter, the secured assets were notified for sale. The first respondent challenged those proceedings in W.P.(C) No.919 of 2020. That writ petition having been dismissed, he filed W.A.No.503 of 2020. The writ appeal was also dismissed vide Ext.P5 judgment dated 11.03.2020. Undeterred, the first respondent preferred Special Leave Petition, which the Supreme Court refused to entertain. While dismissing the SLP under Ext.P6 or

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