Corporate Law : Explore how the SARFAESI Act transformed banking practices, enhancing recovery processes while raising concerns about borrowers' r...
Corporate Law : SARFAESI Act of 2002 addresses India's non-performing assets. Section 13 empowers secured creditors to enforce security interests ...
Goods and Services Tax : Explore the Madras High Court ruling on allowing Input Tax Credit without physical invoices, emphasizing electronic records for GS...
Fema / RBI : Get answers to common queries about displaying secured assets under SARFAESI Act 2002. Learn about asset disclosure, updates, and ...
Corporate Law : Read how Bombay High Court's recent judgment issued crucial directives for swift processing of creditors' applications under SARFA...
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 : The Union Cabinet today approved introduction of the Enforcement of Security Interest and Recovery of Debts Laws (Amendment) Bill,...
Company Law : NCLAT Delhi held that trusteeship deeds are generally signed between the trust on behalf of the lenders and the personal/ corporat...
Corporate Law : Hon’ble Supreme Court in the case of Gujarat Urja Vikas Nigam Ltd. has held that the NCLT cannot exercise its jurisdiction over ...
Corporate Law : Supreme Court rules in favor of a bona fide auction-purchaser under the SARFAESI Act, emphasizing due diligence and addressing own...
Corporate Law : Where secured creditor failed to pay the liquidation costs within 90 days after its intention to realize the security interest, th...
Corporate Law : NCLT Mumbai held that sale of property of personal guarantors by financial creditor under SARFAESI Act during protection of morato...
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) ...
Fema / RBI : Sale notice for sale of movable properties- E-Auction Sale Notice for Sale of Movable Assets under the Securitisation and Reconstr...
Corporate Law : Central Government hereby makes the following amendments in the notification of the Government of India, in the Ministry of Financ...
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.
Read how Bombay High Court’s recent judgment issued crucial directives for swift processing of creditors’ applications under SARFAESI Act, ensuring efficient asset possession.
