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...
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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) ...
The Court dismissed the petition after holding that statutory remedies under Section 17 of the SARFAESI Act must be exhausted first. It allowed the petitioners to approach the DRT for their grievances.
The High Court directs the Tehsildar to take physical possession of secured assets under Section 14 of SARFAESI Act after prolonged delay, emphasizing the statutory time limits.
Learn the critical protections available to borrowers facing recovery actions, including notice, appeal, and redemption rights, to safeguard property and financial interests.
The DRAT set aside the DRT order directing the bank to update credit information, ruling that former directors and guarantors cannot reopen withdrawn loan proceedings to alter CIBIL records.
The appellate tribunal restrained the bank from taking physical possession of the property until disposal of the pending application or the three-month period, ensuring fair treatment of the appellant.
The judgment confirmed that Section 11(2) of the EPF Act creates a first charge that overrides SARFAESI’s priority clause. Thus, provident fund contributions, interest, penalties, and damages must be paid before clearing secured creditors’ dues.
The Court addressed the delay in executing a Section 14 SARFAESI order and directed authorities to hand over possession within four weeks. The ruling ensures timely implementation despite administrative transfer issues.
DRAT Chennai held that mortgage created on the basis of copy of the sale deed is not legal. Accordingly, mortgage created in favour of the Punjab and Sind Bank based on copy of the sale deed is held invalid.
The Court held that civil courts retain jurisdiction to cancel registered sale deeds, as DRTs cannot adjudicate such relief. The ruling sets aside rejection of the plaint and restores the suit for trial, clarifying limits of Section 34 SARFAESI.
DRAT Chennai held that person aggrieved by an order of the recovery officer can prefer an appeal before Debts Recovery Tribunal. Accordingly, DRAT disposes of this Appeal by sending the appeal to DRT.
