VidhiSangh

Supreme Court of India · 28/07/2025

SHRI SHRI SWAMI SAMARTH CONSTRUCTION & FINANCE SOLUTION & ANR versus THE BOARD OF DIRECTORS OF NKGSB CO-OP. BANK LTD. & ORS.

[2025] 7 S.C.R. 1851 · 2025 INSC 908

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Summary

Writ petition under Article 32 by an MSME borrower seeking to restrain a co-operative bank from proceeding under the SARFAESI Act on the ground that the bank had not identified incipient stress in its account under the Framework for Revival and Rehabilitation of MSMEs notified on 29.05.2015 before classifying it as NPA. The Court read the Framework harmoniously: a lender may classify the account as NPA and issue a Section 13(2) notice without such identification, but once the borrower, in its Section 13(3-A) response, claims the Framework's benefit with reasons supported by affidavit, the lender must examine the claim keeping further action in abeyance. The petitioner had never invoked the Framework; petition dismissed with liberty under Section 17.

Issues

  1. Whether a lending bank or secured creditor is obliged under the Notification dated 29.05.2015 (Framework for Revival and Rehabilitation of MSMEs) to identify incipient stress in an MSME borrower's account before classifying it as NPA and taking measures under the SARFAESI Act.
  2. Whether an MSME which never claimed the benefit of the Framework after the demand notice can, at the stage of compliance with an order under Section 14 of the SARFAESI Act, obtain relief under Article 32 restraining the secured creditor.

Provisions considered

Held

Result

Writ petition dismissed; pending applications closed; petitioner at liberty to pursue its remedy under Section 17 of the SARFAESI Act in accordance with law.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1851.