Reviewed case brief

Mardia Chemicals Ltd v. Union of India

(2004) 4 SCC 311

The Supreme Court upheld the constitutional validity of the SARFAESI Act, 2002 but struck down the requirement for 75% pre-deposit as a condition for approaching the DRT under S.17, holding it made the remedy illusory.

SARFAESIconstitutional-validitypre-depositS17DRTfundamental-rights
Court
Supreme Court of India
Year
2004
Subjects
Constitutional Law I
Reviewed
2026-06-29

Rule established

SARFAESI Act is constitutionally valid; but 75% pre-deposit requirement for DRT appeal struck down as making remedy illusory

Facts

    Issues

      Held

        Ratio decidendi

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        Editorial source

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