Case Law Analysis
|Bombay High Court
SARFAESI Act | Fraudulent Transfer to Divorcee Voids Bank's Security Interest : Bombay HC Entertains Writ Petition
Bombay High Court allowed a writ petition under the SARFAESI Act where an ex-husband fraudulently transferred a mortgaged flat to his divorcee wife, suppressing the bank's security interest. The court held that the bank's rights as a secured creditor could not be defeated by such collusive transfers, even in divorce settlements.