High Court of Calcutta

Jawahar Singh and Ors. v. The United Bank of India and Ors.

MANU/WB/0653/2015

06.08.2015

Company

No right of representation for borrowers in proceedings by lender seeking assistance to take possession

In an application by a creditor seeking assistance to take possession of the secured asset, under Section 14 SARFAESI Act, 2002, there is no requirement to put the borrower on notice that such an application has been made. The Court differed with judgments of the Supreme Court, where a lack of notification was held to be in violation of the principles of natural justice, as in the instant case the borrowers were not pre-mortgage lessees. It added, however, that the borrowers retained the right to have adjudicated whether a case for exercise of power had been made out in the application under Section 14 of the Act, 2002.

Relevant

Section 14 SARFAESI Act, 2002 Act Harshad Govardhan Sondagar vs. International Assets Reconstruction Company Ltd. and Ors. MANU/SC/0377/2014
Mansa Synthetic Pvt. Ltd. & Ors. vs. Union of India & Anr. MANU/GJ/0415/2012
Standard Chartered Bank vs. V. Noble Kumar and Ors. MANU/SC/0874/2013

Tags : Assistance secured creditor asset notice

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