Supreme Court of India

Sidha Neelkanth Paper Industries Pvt. Ltd. & Anr v. Prudent Arc Ltd. & Others

Neutral citation
Reported as [2023] 1 S.C.R. 553
Bench M. R. Shah and B. V . Nagrathna JJ.
Decided 5 January 2023

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.

What the Court ordered

In view of the above and for the reasons stated above, t he respective appeals preferred by the financial institution /assignee and auction purchasers being civil Appeal Nos. 8970, 8972, 8973 and 8974 of 2022 are hereby allowed.

Judgment, page 20

From the headnote

Securitisation and Reconstruction of Financial Asse ts and Enforcement of Security Interest Act, 2002: s.18 – Appeal to appellate tribunal – Pre-deposit of 50% of the amount due from the borrower as claimed by the secured creditor under the second proviso of s. 18 – Requirement of – Auction sale – Amount a lready been recovered/realised by the secured creditor by selling th e mortgaged property through an auction– While calculating the amount of “ debt due”, the amount deposited by the auction purchaser on pu rchase of the secured assets, if to be adjusted and/or appropriat ed towards the

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