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Supreme Court judgments on Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

33 judgments, latest first, from 2018 to 2025. Listed when the Supreme Court Reports file the judgment's headnote under this Act, as printed at the start of the headnote. Judgments that only mention it in passing are not listed.

Sections
Section 13 14Section 14 8Section 17 5
Topics
SARFAESI Act 66
Assistant General Manager State Bank of India & Anr. vs Tanya Energy Enterprises Through Its Managing Partner Shri Alluri Lakshmi Narasimha Varma
SC · 15 September 2025
[2025] 9 S.C.R. 963 : 2025 INSC 1119
(i) Whether the High Court erred in its interference with the order of rejection of the respondent’s application under the One Time Settlement 2020 Scheme and directing reconsideration thereof; (ii) Whether, a court can…
Anil Khandelwal Etc. vs Phoenix India and Anr.
SC · 28 August 2025
[2025] 8 S.C.R. 2416 : 2025 INSC 1069
Whether the High Court erred in rejecting the quashing petition filed by the appellants-Officers of the Bank challenging the order passed by the Magistrate issuing process against them for the offences punishable u/ss.50…
M/s Edelweiss Asset Reconstruction Limited vs Regional PF Commissioner II and Recovery Officer, RO Bengaluru (Koramangala) & Anr.
SC · 26 August 2025
[2025] 8 S.C.R. 2183 : 2025 INSC 1045
Present appeal assails the correctness of the judgment of the High Court dismissing the writ petition filed by the appellant-EARC and further directing that the amount deposited, vide order dated 02.02.2023, be transmitt…
Shri Shri Swami Samarth Construction & Finance Solution & Anr. vs The Board of Directors of NKGSB CO-OP. Bank Ltd. & Ors.
SC · 28 July 2025
[2025] 7 S.C.R. 1851 : 2025 INSC 908
Lending banks/secured creditors, if under an obligation, in terms of the notification dated 29.05.2015 containing the “Framework For Revival And Rehabilitation Of Micro, Small And Medium Enterprises” (Framework), to iden…
PNB Housing Finance Limited vs Sh. Manoj Saha & Anr.
SC · 15 July 2025
[2025] 7 S.C.R. 1041 : 2025 INSC 847
Whether the High Court erred in directing the appellant to hand back the possession of the secured asset to the 1st respondent; whether the 1st Respondent failed to establish pre-existing tenancy in his favour.
GBJ Hotels Private Limited vs Sriharan Sripathmanathan & Ors.
SC · 28 April 2025
[2025] 4 S.C.R. 2444 : 2025 INSC 585
During the proceedings before the High Court, the Court accepted a better price for the creditor. The offer of the GRT Hotels was accepted by Edelweiss ARCL and it was agreed that the amount deposited of GBJ Hotels would…
M/s Pro Knits vs The Board of Directors of Canara Bank & Ors.
SC · 1 August 2024
[2024] 8 S.C.R. 140 : 2024 INSC 565
Whether the Notification dated 29.05.2015 issued by the Central Government in exercise of the powers conferred under Section 9 of the Micro, Small and Medium Enterprises Development Act, 2006, containing Instructions for…
Govind Kumar Sharma & Anr. vs Bank of Baroda & Ors.
SC · 18 April 2024
[2024] 4 S.C.R. 633 : 2024 INSC 326
Whether an auction/ sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFESI Act) carried out without issuing the mandatory 30-day notice to the borrowe…
The Authorised Officer, Central Bank of India vs Shanmugavelu
SC · 2 February 2024
[2024] 2 S.C.R. 12 : 2024 INSC 80
(i)Whether, the underlying principle of Section(s) 73 & 74 respectively of the Contract Act, 1872 Act is applicable to forfeiture of earnestmoney deposit under Rule 9(5) of the SARFAESI Rules. In other words, whether the…
Authorised Officer State Bank of India vs C. Natarajan & Anr.
SC · 10 April 2023
[2023] 5 S.C.R. 1067 : 2023 INSC 341
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 : ss. 13(4), 17 – Security Interest (Enforcement) Rules, 2002 – r. 9 – Contract Act – ss. 73, 74 – Power of forfeiture…
Sidha Neelkanth Paper Industries Pvt. Ltd. & Anr. vs Prudent Arc Ltd. & Others
SC · 5 January 2023
[2023] 1 S.C.R. 553 : 2023 INSC 14
Securitisation and Reconstruction of Financial Assets 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…
K. Sreedhar vs M/s Raus Constructions Pvt. Ltd & Ors.
SC · 5 January 2023
[2023] 1 S.C.R. 579 : 2023 INSC 17
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 : s. 31(i) – Provisions of the Act not to apply to security interest created in agricultural land – Respondent No. 1-de…
Balkrishna Rama Tarle Dead Thr Lrs & Anr. vs Phoenix Arc Private Limited & Ors.
SC · 26 September 2022
[2022] 13 S.C.R. 437 : 2022 INSC 1022
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s. 14 – Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secure…
Kotak Mahindra Bank Limited vs Kew Precision Parts Private Limited & Ors.
SC · 5 August 2022
[2022] 19 S.C.R. 212 : 2022 INSC 800
Insolvency and Bankruptcy Code, 2016 – ss. 7, 8, 9, 14, 238A – The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 – s. 13 (2) – Limitation Act 1963 – Schedule – Art.13…
M/s R. D. Jain and Co. vs Capital First Ltd. & Ors.
SC · 27 July 2022
[2022] 13 S.C.R. 57 : 2022 INSC 754
Securitisation and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 – ss. 13(4), 14 – Chief Metropolitan Magistrate (CMM) shall deem to mean and include Additional Chief Metropolitan Magistr…
Kotak Mahindra Bank Limited vs Narendra Jayantilal Trivedi & Anr.
SC · 13 May 2022
[2022] 19 S.C.R. 360 : 2022 INSC 572
Administration of Justice – Abuse of Process of Law – Debts Due to Banks and Financial Institutions Act, 1993 – Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Held:…
Nkgsb Cooperative Bank Limited vs Subir Chakravarty & Ors.
SC · 25 February 2022
[2022] 1 S.C.R. 1177 : 2022 INSC 238
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.14(1A) – Power of CMM/DM to appoint and authorize an advocate to take possession of the secured assets and documents…
Bank of Baroda vs M/s Karwa Trading Company & Anr.
SC · 10 February 2022
[2022] 1 S.C.R. 1100 : 2022 INSC 169
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – ss.13(2), 13(4), 14 and 17 – Security Interest (Enforcement) Rules, 2002 – r.8 r/w r.9 – Appellant (bank) granted ter…
Electrosteel Castings Limited vs Uv Asset Reconstruction Company Limited & Ors.
SC · 26 November 2021
[2021] 7 S.C.R. 532 : 2021 INSC 794
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.34 – Civil court not to have jurisdiction – On facts, suit filed by the appellant-Guarantor seeking declaration that…
S. Karthik & Ors. vs N. Subhash Chand Jain & Ors.
SC · 23 September 2021
[2021] 13 S.C.R. 1096 : 2021 INSC 534
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Section 13 – Enforcement of Security Interest – Notice to Sale – Rule 9 of the SARFAESI Rules – 30 days’ notice – The…
Hemraj Ratnakar Salian vs Hdfc Bank Ltd. & Ors.
SC · 17 August 2021
[2021] 8 S.C.R. 529 : 2021 INSC 408
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: ss. 14, 13(2) and 13(13) – Taking of possession of secured asset by the secured creditor – Tenant restraining from tak…
C. Bright vs The District Collector & Ors.
SC · 5 November 2020
[2020] 7 S.C.R. 997 : 2020 INSC 633
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.14 – Whether mandatory or directory provision – Held: s.14 mandating the District Magistrate to deliver possession o…
K. Virupaksha & Anr. vs The State of Karnataka & Anr.
SC · 3 March 2020
[2020] 2 S.C.R. 1020 : 2020 INSC 261
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – ss.13, 14, 17, 32 – Respondent No.2 was sanctioned credit facilities amounting to Rs.2.68 crores by Bank – Property…
The Maharashtra State Co-Operative Bank Ltd. vs Babulal Lade & Ors.
SC · 4 December 2019
[2019] 14 S.C.R. 485 : 2019 INSC 1318
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: s.13(7) – Whether employees dues can take precedence over the claim of secured creditor – In the instant case, respond…
The Authorised Officer, Indian Bank vs D. Visalakshi and Anr.
SC · 23 September 2019
[2019] 13 S.C.R. 177 : 2019 INSC 1067
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s.14 – Chief Judicial Magistrate (CJM) u/s. 14 – Competency of – There were conflicting views of different High Court…
Shakeena & Anr. vs Bank of India & Ors.
SC · 20 August 2019
[2019] 11 S.C.R. 341 : 2019 INSC 922
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002: ss. 13(2), 13(4) – Right of redemption – Loan taken by appellants from respondent Bank – In view of default in dischar…
M/s Hindon Forge Pvt. Ltd. & Anr. vs The State of Uttar Pradesh through District Magistrate Ghaziabad & Anr.
SC · 1 November 2018
[2018] 11 S.C.R. 1019 : 2018 INSC 1034
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002: s.17(1) – Whether an application under s.17(1) of the SARFAESI Act at the instance of a borrower, is maintainable ev…
Suzuki Parasrampuria Suitings Pvt. Ltd. vs The Official Liquidator of Mahendra Petrochemicals Ltd. (In Liquidation) and Others
SC · 8 October 2018
[2018] 12 S.C.R. 906 : 2018 INSC 937
Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – Company Petition filed for winding up of one M/s. MPL – M/s. MPL was also referred for rehabilitation to the Board…
Indian Bank & Anr. vs K Pappireddiyar & Anr.
SC · 20 July 2018
[2018] 6 S.C.R. 611 : 2018 INSC 626
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - ss. 31(i), 2(zf) – Security interest created in agricultural land – Applicability of SARFAESI Act – Held: Classificat…
The Authorised Officer, State Bank of India vs M/s Allwyn Alloys Pvt. Ltd. and Ors.
SC · 17 May 2018
[2018] 4 S.C.R. 477 : 2018 INSC 536
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – s.34 – Equitable mortgage created by respondent Nos. 2 to 4 in respect of the subject flat in favour of appellant-ban…

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