THE AUTHORISED OFFICER, INDIAN BANK v. D. VISALAKSHI & Anr.
Case at a glance
Outcome
Disposed of
All these appeals are disposed of in the above terms with
Provisions considered
- Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
- Code of Criminal Procedure, 1973 ss. 2(k), 3, 5, 8, 12, 20
- Recovery of Debts Due to Banks and Financial Institutions Act, 1993
- Sick Industrial Companies (Special Provision) Act, 1985
- National Housing Bank Act, 1987 s. 51
- Companies Act, 2013 s. 10FP
- Small Industries Development Bank of India Act, 1989
- SARFAESI Act, 2002 ss. 2(2), 14, 35
- Securities and Exchange Board of India Act, 1992
- Indian Contract Act, 1872
- Transfer of Property Act, 1882
- Limitation Act, 1963
Judgment
1 : [2018] 7 SCR 1191; Sindhi Education Society and Another v. Chief Secretary, Government of NCT of Delhi and Others (2010) 8 SCC 49 : [2010] 8 SCR 81; Rani Kusum (Smt.) v. Kanchan Devi (Smt.) and Others (2005) 6 SCC 705 : [2005] 2 Suppl. SCR 752; Vinay Tyagi v. Irshad Ali Alias Deepak and Others (2013) 5 SCC 762 : [2012] 13 SCR 1005; Vishal N. Kalsaria v. Bank of India and Others (2016) 3 SCC 762 : [ 2016] 1 SCR 419; State of A.P. v. Polamala Raju Alias Rajarao (2000) 7 SCC 75 : [2000] 2 Suppl. SCR 329; Sri Nasiruddin v. State Transport Appellate Tribunal (1975) 2 SCC 671 : [1976] 1 SCR 505; Bhudan Singh and Another v. Nabi Bux and Another (1969) 2 SCC 481 : [1970] 2 SCR 10; K.P. Varghese v. Income Tax Officer, Ernakulam and Another (1981) 4 SCC 173 : [1982] 1 SCR 629; Atma Ram Mittal v. Ishwar Singh Punia (1988) 4 SCC 284 : [1988] 2 Suppl. SCR 528; M/s. Girdhari Lal and Sons v. Balbir Nath Mathur and Others (1986) 2 SCC 237 : [1986] 1 SCR 383; Mardia Chemicals Ltd. and Others v. Union of India and Others (2004) 4 SCC 311 : [2004] 3 SCR 982; Transcore v. Union of India and Another (2008) 1 SCC 125 : [2006] 9 Suppl. SCR 785; Bank of India v. Pankaj Dilipbhai Hemnani and Others AIR 2007 Guj. 201; Solaris Systems Pvt. Ltd. and Another v. Oriental Bank of Commerce and Another I.L.R. 2006 Ker 645; Bangalore Water Supply and Sewerage Board v. A. Rajappa and Others (1978) ILLJ 349 SC; NEPC Micon Ltd. v. Magna Leasing Ltd. 1999 CriLJ 2883; Inco Europe Ltd. and Ors. v. First Choice Distribution (a firm) and Ors. 1999 CriLJ 2883; Padmasundara Rao and Others v. State of Tamil Nadu and Others (2002) 255ITR 147 (SC); National Insurance Co. Ltd. v. Laxmi Narain Dhut 2007 (2) KLT 470 (SC); Reserve Bank of India and Others v. Peerless General Finance and Investment Company Ltd. and Another (1996) 1 SCC 642 : [1996] 1 SCR 58; Kehar Singh and Others v. State (Delhi Admn.) (1988) 3 SCC 609 : [1988] 2 Suppl. SCR 24 ; Mathew Varghese v. M. Amritha Kumar and Others (2014) 5 SCC 610 : [2014] 2 SCR 736; THE AUTHORISED OFFICER, INDIAN BANK v. D. VISALAKSHI AND ANR. 183 Trade Well and Another v. Indian Bank and Another (2007) Cri. LJ 2544; Ronit Nirman Pvt. Ltd. v. State Bank of India and Others A.S.T. 1337 of 2011 (dated 18th October, 2011); K. R. Chandrasekaran v. Union of India 2012 (2) CWC 115; Indian Overseas Bank v. Sree Aravindh Steels Ltd. 2009 (1) CTC 341; Official Liquidator Uttar Pradesh and Uttarakhand v. Allahabad Bank and Others (2013) 4 SCC 381 : [2013] 4 SCR 207; Indian Administrative Service (S.C.S.) Association, U.P. and Others v. Union of India (1993) Supp. 1 SCC 730 : [1992] 2 Suppl. SCR 389; Nasiruddin and Others v. Sita Ram Agarwal (2003) 2 SCC 577 : [2003] 1 SCR 634; High Court of Gujarat and Another v. Gujarat Kishan Mazdoor Panchayat and Others (2003) 4 SCC 712 : [2003] 2 SCR 799; Prakash Kumar Alias Prakash Bhutto v. State of Gujarat (2005) 2 SCC 409 : [2005] 1 SCR 408; New India Assurance Company Ltd. v. Nusli Neville Wadia and Another (2008) 3 SCC 279 : [2007] 13 SCR 598 – referred to. Harshad Govardhan Sondagar v. International Assets Reconstruction Company Limited and Others (2014) 6 SCC 1 : [2014] 11 SCR 605 – distinguished.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: All these appeals are disposed of in the above terms with
Which statutory provisions did this judgment involve?
Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002; Code of Criminal Procedure, 1973 — ss. 2(k), 3, 5, 8, 12, 20; Recovery of Debts Due to Banks and Financial Institutions Act, 1993; Sick Industrial Companies (Special Provision) Act, 1985; National Housing Bank Act, 1987 — s. 51; Companies Act, 2013 — s. 10FP.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.