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Indian Laws - Highlights / Catch Notes

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Challenge to proceedings initiated under SARFAESI Act by ...


Appellant bank's SARFAESI proceedings upheld; can issue Sec 13(4) notice to guarantor for recoverable loan amounts.

Case Laws     Indian Laws

July 31, 2024

Challenge to proceedings initiated under SARFAESI Act by appellant bank. Court held: Appellant entitled to proceed under SARFAESI Act given mortgage and recoverable loan amounts. Guarantor's liability joint and several with principal debtor. Impugned judgment set aside, allowing appellant bank to proceed under SARFAESI Act, including Section 13(4) notice previously quashed. Appeal allowed.

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