Mathew Varghese vs M.Amritha Kumar . on 5 December, 2014
In Mathew Varghese Vs. M. Amritha Kumar (2014) 5 SCC 610, the
Supreme Court made a reference to Section 37 to observe that the remedy
created under the SARFAESI Act was in addition to the provisions of the
recovery of debt under Recovery of Debts Due to Banks and Financial
Signature Not Verified
Digitally Signed ARB.P.62/2022 & O.M.P.(I) (COMM.) 9/2022 Page 11 of 16
By:SAHIL SHARMA
Signing Date:14.10.2022
15:59:29
Institutions Act, 1993 ((hereinafter referred to as "RDDB Act"). Section 35
provides that the provisions of SARFAESI Act would have over-riding
effect notwithstanding anything inconsistent contained in any other law for
the time being in force. Therefore, conjoint reading of Section 35 and 37
would lead to the irresistible conclusion that the provisions of RDDB Act
are not inconsistent with the provisions of the SARFAESI Act and the
application of both the Acts would be complementary to each other.