# In the matter of State Bank of India vs. Devendra Kumar & 7 Ors.

> SC judgment dated 2024-03-12. Citation: TCN-2024-SC-00089. The case arises from a Writ Petition (Civil) no. 11907/2016 preferred by the respondent, Devendra…

- **Court:** SC
- **Order date:** 12 Mar 2024
- **Citation:** TCN-2024-SC-00089
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/state-bank-of-india-vs-devendra-kumar-7-ors-58946eb7

## Summary

### Background

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.

## Facts

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.

## Issues and analysis

### Issue 1: Whether the impugned …

**Ratio:** The legal principle applied is that if the impugned judgment is not sustainable in law,

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**Reasoning:** The court found that the impugned judgment was not sustainable in law and therefore set

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**Interpretation:** The interpretation is that a judgment can be overturned if it is found to be

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**Application:** The court applied this principle by setting aside the impugned judgment,

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## Parties

- **Judges:** SANJIV K…; DIPANKAR…; +1 more
- **Appellants:** State Bank of…
- **Respondents:** DEVENDRA KUMAR…

## Timeline

- **2017-01-01 — SLP File…**: Special Leave Petition (Civil)…
- **2024-03-12 — Order Da…**: The Supreme Court passed the…

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