Supreme Court division bench set aside an Allahabad High Court order directing Bijnor Urban Cooperative Bank Limited to consider granting OTS to a defaulter despite the bank's plea that Sarfaesi Act proceedings were pending.
In light of the above, the plea prays for quashing of sale/auction notice dated 05.05.21 or in the alternative a direction to Ld. DRT-II, New Delhi, to hear and decide the case of the petitioner as per rules and procedures set out in the SARFAESI Act,2002 and in accordance with the RBI guidelines.
The Delhi High Court today held that that Banks/Financial Institutions can initiate and continue the proceedings against the guarantor for recovering their dues under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 .