Supreme Court of India
M/s Hindon Forge Pvt. Ltd. & Anr. v. The State of Uttar Pradesh through District Magistrate Ghaziabad & Anr.
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.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that withdrawal of the OA pending before DRT under the DRT Act is not a precondition for taking recourse to the NPA Act.
Judgment, page 41
From the headnote
Securitisation and Reconstruction of Financial Asse ts and Enforcement of Securities Interest Act, 2002: s.17(1) – Whether an application under s.17(1) of the SARF AESI Act at the instanc e of a borrower, is maintainable even before physical or actual pos session of secured assets is taken by banks/financial institutions in exercise of their powers under s.13(4) of the Act r/w r.8 of the Rul es, 2002 – Held: The scheme of s.13(4) r/w r.8(1) makes it c lear that the delivery of a possession notice together with affix ation on the property and publication is one mode of taking “possession” und
Authorities it was built on
Where later benches applied it
- 2020 C. Bright v. The District Collector & Ors.
- 2022 Indian Overseas Bank v. M/s Rcm Infrastructure Ltd. and Another
Of those, 1 relied on · 1 referred to
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