Case Law Details
Issue – Whether or not a secured creditor, which has initiated action for enforcement of its security interest in terms of the provisions of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 (hereafter the SARFAESI Act), is entitled to publish the photograph(s) of the defaulting borrower(s)/guarantor(s) in newspapers/magazines etc. is the common question that arises for an answer on these two writ petitions.
Held – Publication of photographs in newspapers, magazines etc. neither being permissible in terms of the SARFAESI Act or the rules framed thereunder nor under any other rule/notification/guideline having binding effect, I further hold that the threat to publish photographs borders on extra-legal means to recover the dues. The secured creditors are, accordingly, restrained by a prohibitory order from taking such recourse.
IN THE HIGH COURT AT CALCUTTA
CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE
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With ref, to AP Agarwal’s Query. Such an Agreement will be Null & void as it infringes the Fundamentalk right of any Citizen of Privacy
THE AUCTION SALE IMMOVABLE PROPERTY PURCHASE AND PAYAMENT THE AMOUNT DT 04/06/2012 BUT THE OWNERSHIP IS NOT GEVING TILLS DATE.
Mr.Nagesh Kini,
Who is the petitioner & who has filed the writ?
Why should petitioner seek review [no such provisions] or go in appeal?
Regards,
What if the loan agreement itself provides for it.
Nowadays white collar thuggery has entered every sphere include the judiciary, unfortunately, as is evidenced by many media articles.
It is no more a gentleman’s game. Therefore rules and laws must be changed positively to maintain a semblance of justice in the Kaliyuga at its peak, thanks to the thousands of political parties of the country.
A case in example: While the law makers are supposed to be above law the rogues do not get punished due to weak or non existent laws. The Lok Sabha is trying to protect such rogues by amending the laws! Is it not roguish in the hands of 544 MPs ?
Laws must be in compliance with the needs of the times. Quoting British era laws is only advantageous to the thieves! Present day robbers need more drastic laws.
The petitioner ought to file a revision petition or go in appeal to the SC.