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2017 DIGILAW 1323 (SC)

Small Industries Development Bank of India (SIDBI) v. Emosons Organics Ltd.

2017-08-29

KURIAN JOSEPH, R.BANUMATHI

body2017
JUDGMENT : Kurian, J. 1. Leave granted. 2. The issue raised in this appeal is whether The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI) is applicable in the State of Jammu and Kashmir. 3. That question has been answered by this Court in detail in State Bank of India Vs. Santosh Gupta and Anr. Etc., reported in (2017) 2 SCC 538 . It has been held by this Court that the Act is applicable in the State of Jammu and Kashmir. Therefore, the Judgment of the High Court is set aside and this appeal is allowed. 4. In view of the above, the appellants are free to proceed further under the SARFAESI Act, in accordance with law. No costs.