Corporate Law : The Supreme Court held that borrowers lose their statutory right of redemption once a valid auction notice is published under Sect...
Finance : The article explores how the SARFAESI Act empowers banks to recover dues efficiently while highlighting the procedural safeguards ...
Finance : The paper shows that loan fraud persists due to enforcement failures, not lack of legal provisions. It highlights delays in detect...
Corporate Law : The Court held that insolvency proceedings cannot be invoked after completion of SARFAESI auction to stall recovery. It clarified ...
Corporate Law : Learn the critical protections available to borrowers facing recovery actions, including notice, appeal, and redemption rights, to...
Corporate Law : Ministry of Finance addresses Lok Sabha questions on misuse of SARFAESI Act, detailing existing safeguards for borrowers and regul...
Finance : There is no mention of the term re-sealing of property in SARFAESI Act, 2022 and the Recovery of Debts and Bankruptcy (RDB) Act, 1...
Corporate Law : The Central Govt has initiated formulation of laws to secure prudential banking & help effect a culture of credit discipline i...
Fema / RBI : The Gross Advances of Scheduled Commercial Banks (SCBs) increased from Rs.25,03,431 crore as on 31.3.2008 to Rs. 68,75,748 crore...
Fema / RBI : It is widely felt that the spectre of high-value economic offenders absconding from India to defy the legal process seriously unde...
Corporate Law : Supreme Court held that a Section 7 IBC application can proceed despite pending winding-up proceedings where no irreversible stage...
Corporate Law : Madras HC held that a pending NCLAT appeal did not prevent PNB from conducting a Swiss Challenge auction after the OTS proposal wa...
Corporate Law : DRT Chandigarh quashed the auction after finding the bank failed to maintain the mandatory 15-day notice period before sale....
Corporate Law : The DRAT upheld the DRT's refusal to accept the settlement after finding that the bank had not complied with the final order direc...
Corporate Law : The Supreme Court held that High Courts should ordinarily refrain from entertaining writ petitions in SARFAESI matters where an ef...
Corporate Law : IBBI held that an Insolvency Professional cannot delay constitution of the Committee of Creditors based on settlement discussions ...
CA, CS, CMA : CA. Ravish Maniyar found guilty of professional misconduct by ICAI for failing to disclose pending SARFAESI proceedings in an audi...
Fema / RBI : Reserve Bank of India (RBI) has issued Circular RBI/2023-24/63 on September 25, 2023, addressing the display of information relate...
Finance : Central Government hereby specifies such housing financial companies registered under sub-section (5) of section 29A of the Nation...
Corporate Law : Government notifies Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (Central Registry) ...
Explore the Nugenic Pharma vs. Indian Bank case in Himachal Pradesh High Court. Analysis of secured creditors’ priority over state departments, citing the Supreme Court judgment.
Explore the Himachal Pradesh High Court’s judgment on the priority of secured creditors over the State Excise Department. Analysis of legal precedents and implications.
Recently, in the case of Celir LLP v. Bafna Motors the court has iterated that, if the law is clear then there is no need to interpret the statute and the precedence must be given to the literal interpretation of the law.
Explore Himachal Pradesh High Court ruling in SBI vs. State of H.P. on the priority of secured creditors over Excise and Revenue departments in debt recovery
Gujarat High Court held that charge in favour of secured creditor would precede over the unsecured creditor. Thus, secured creditor will have first charge over the property as against State Government (crowns debt).
The respondents contended that the petitioner, being a financial institution under the SARFAESI Act, should exclusively resort to the statutory remedies provided by the Act, and arbitration should not be permissible. This article explores the court’s reasoning and its impact on the dispute resolution landscape.
Supreme court in Haldiram Incorporation Pvt. Ltd. Vs Amrit Hatcheries Pvt. Ltd. & Ors. held that Properties sold under Auction Sale in SARFAESI Act before declare insolvency, could not be treated assets of Corporate Debtor.
Himachal Pradesh High Court held that the provisions of Section 26E of the Securitisation and Reconstructions of Financial Assets and Enforcement of Security Interest Act (SARFAESI) Act, 2002 shall override the rights of others to recover the outstanding liability of taxes dues etc on the mortgaged/charged property from the original owner etc.
Analysis of the Medineutrina Pvt. Ltd vs DIC case in Bombay High Court involving property auction, encumbrances, and the legal obligations of auction purchasers
Madras High Court’s judgment on the priority of charge for secured creditors over tax dues and the impact on debt realization.
