The Supreme Court ruled that Section 35 of the SARFAESI Act cannot override any provision of the Constitution, including special protections under Article 371A for Nagaland. The Court held that SARFAESI action taken before the Act’s adoption in Nagaland was without jurisdiction and legally invalid.
Kerala: The Kerala High Court dismissed two writ petitions filed by M/S. M.D. Esthappan Infrastructure Pvt. Ltd. and its proprietor, M.D. Esthappan. The petitions challenged the enforcement proceedings initiated by Dhanlaxmi Bank Ltd. under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
