Supreme Court of India

J. Rajiv Subramaniyan & Anr. v. M/s. Pandiyas & Ors.

Neutral citation

Reported as [2014] 3 S.C.R. 1140

Bench Surinder Singh Nijjar and A.K. Sikri JJ.

Decided 14 March 2014

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

We hold that the sale in favour D of the appellants dated 18th December, 2006 and the subsequent delivery of possession to the appellants is null and void.

Judgment, page 17

From the headnote

SECURITISATION AND RECONSTRUCT/ON OF FINANCIAL ASSETS AND ENFORCEMENT OF SECURITY INTEREST ACT, 2002: s. 13(8) - Right of borrower - Held: The provision contained in s. 13(8) is specifically for the protection of the borrowers in as much as, ownership of the secured assets is 0 a constitutional right vested in the borrowers and protected ul Article 300A of the Constitution - Therefore, the secured creditor as a trustee of the secured asset cannot deal with the same in any manner it likes and such an asset can be . disposed of only in the manner prescribed in the SARFAESI Act - Therefore, the

Authorities it was built on

2010 United Bank of India v. Satyawati Tondon and Others cited by 27

Where later benches applied it

2022 Deenadayal Nagari Sahakari Bank Ltd. & Another v. Munjaji and Others referred to
2022 Phoenix Arc Private Limited v. Vishwa Bharati Vidya Mandir & Ors. referred to
2021 S. Karthik & Ors. v. N. Subhash Chand Jain & Ors. referred to
2019 Shakeena & Anr. v. Bank of India & Ors. referred to
2016 P. M. Abubakar v. State of Karnataka and Ors. mentioned

Of those, 4 referred to · 1 mentioned

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