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2019 (5) TMI 249 - HC - Indian LawsDefault in repayment of dues - non-performing asset - SARFAESI Act - role of secured creditor in respect of insolvency proceedings - HELD THAT:- No fetters can be placed on the right of the secured creditor under the SARFAESI Act and further to direct it to deposit the title deeds of the secured assets with the Official Assignee. The view taken that, as an equitable principle, the appellant cannot be permitted to stand outside the insolvency proceedings and realise its dues and it must deposit the title deeds with Official Assignee, cannot be sustained. The impugned order dated 4th December 2018 is quashed and set aside - appeal allowed.
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