SBI v. Devendra Kumar Sinha (2024) 161 taxmann.com 76 / 184 SCL 28 (SC)

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002

S. 13 : Liability of guarantor is joint and several with principal debtor – Bank is entitled to proceed under SARFAESI Act for properties mortgaged by guarantor. [ S. 13(4), 17 ]

Respondent stood as a guarantor in respect of loan taken by borrower company and mortgaged his properties . Due to non-payment of loan, bank had taken recourse of section 13(4) to take possession of mortgaged property, which was quashed by High Court . On SLP the Court held that there being a mortgage and loan amounts recoverable, bank was entitled to proceed under SARFAESI Act. Further, liability of guarantor is joint and several with principal debtor  set aside .Bank is  entitled to proceed under SARFAESI Act, including notice under section 13(4).(CA No. of 2024 , arising SLP( C ) No 14982 of 2017 ,  dt . 12 -3 -2024

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