SECURITIES AND EXCHANGE BOARD OF INDIA
Order passed by the Hon’ble Delhi High Court in the matter of “ICICI Bank Ltd. – Appellant
Versus
DGM SEBI in WP (C) 3796/2022 – Respondent
JUDGMENT
1. The instant petition seeks for the declaration of the orders passed by the Whole Time Members of the Securities and Exchange Board of India (hereinafter „SEBI‟) dated 29.05.2018 and 14.12.2018 as not applicable to the petitioner bank and that those orders do not prevent the petitioner bank from proceeding further under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter „SARFAESI Act, 2002‟) to sell the mortgaged property being TPV-G-GV-07, The Palm Springs, Village Wazirabad, Sector 54, Gurgaon 122002 (hereinafter „mortgaged property‟)
2. The petitioner bank also prays for directions to respondent nos.1 and 2 not to take any further actions pursuant to the impugned e-mails dated 29.01.2021 and 18.03.2021 and not to thwart the petitioner bank in any manner with respect to selling of the mortgaged property. Alternatively, directions have also been sought to declare that the petitioner bank has the first charge over the mortgaged property with the further direction to allow it to auction the mortgaged property in accordance with the provisions of the SARFAESI Act, 2002.
3. The facts of the case s
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