The case arises from a Writ Petition (Civil) no. 11907/2016 preferred by the respondent, Devendra Kumar Sinha, challenging the proceedings initiated by the appellant, State Bank of India, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), specifically the issuance of a notice under Section 13(4). The respondent had applied for a one-time settlement, which was approved, but some payments were not made.
State Bank of India initiated proceedings under the SARFAESI Act against Devendra Kumar Sinha, issuing a notice under Section 13(4). Sinha challenged these proceedings via a Writ Petition. Sinha had previously applied for a one-time settlement, which was approved, but he failed to make all the required payments. The bank argued that a mortgage existed and the loan amounts were recoverable under the SARFAESI Act. The Supreme Court considered the impugned judgment arising from the Writ Petition.
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The case arises from a Writ Petition (Civil) no. 11907/2016 preferred by the respondent, Devendra Kumar Sinha, challenging the proceedings initiated by the appellant, State Bank of India, under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act), specifically the issuance of a notice under Section 13(4). The respondent had applied for a one-time settlement, which was approved, but some payments were not made.
State Bank of India initiated proceedings under the SARFAESI Act against Devendra Kumar Sinha, issuing a notice under Section 13(4). Sinha challenged these proceedings via a Writ Petition. Sinha had previously applied for a one-time settlement, which was approved, but he failed to make all the required payments. The bank argued that a mortgage existed and the loan amounts were recoverable under the SARFAESI Act. The Supreme Court considered the impugned judgment arising from the Writ Petition.
Special Leave Petition…
The Supreme Court…
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