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SARFAESI Act

Borrowers Who Fail To Pay Dues Before Auction Notice Cannot Redeem Mortgage Under SARFAESI Act- Supreme Court

Borrowers Who Fail To Pay Dues Before Auction Notice Cannot Redeem Mortgage Under SARFAESI Act-...

Verdictum News Desk23 Sept 2023 5:45 PM IST

A Supreme Court Bench of CJI DY Chandrachud and Justice JB Pardiwala has observed that a borrower who fails to pay dues before auction notice cannot...

Borrower Is A Borrower, Whether Practising Lawyer Or Sitting Judge: Karnataka HC Upholds Coercive Action Against Chronic Defaulter Sr. Advocate Ravindranath Kamath

Borrower Is A Borrower, Whether Practising Lawyer Or Sitting Judge: Karnataka HC Upholds Coercive...

Suchita Shukla18 Aug 2023 1:00 PM IST

The Karnataka High Court dismissed a writ petition filed by a designated Senior Advocate N. Ravindranath Kamath assailing the coercive loan recovery...

Bank Can Initiate Recovery Proceedings Under SARFAESI Act Against Guarantor, Even If Borrower Is Under Moratorium: Bombay HC

Bank Can Initiate Recovery Proceedings Under SARFAESI Act Against Guarantor, Even If Borrower Is...

Jayanti Pahwa2 Aug 2023 10:00 AM IST

Banks Cannot Be Injuncted From Enforcing Mortgages For Realization Of Dues Once Account Declared As NPA: J&K&L High Court

Banks Cannot Be Injuncted From Enforcing Mortgages For Realization Of Dues Once Account Declared As...

Pankaj Bajpai1 Aug 2023 7:00 PM IST

Justice K. Babu, Kerala High Court

Builder Is Entitled To Immunity U/s. 32 Of SARFAESI Act Only If Acts Alleged Against Him Are Done In...

Pankaj Bajpai31 May 2023 12:45 PM IST

SARFAESI Act: Jurisdiction Exercised By Division Bench Was Analogous To One Under Order XLIII Rule 1 CPC: SC

SARFAESI Act: Jurisdiction Exercised By Division Bench Was Analogous To One Under Order XLIII Rule 1...

Swasti Chaturvedi24 April 2023 6:45 PM IST

SARFAESI Act: If Someone Is Called To Participate In Bidding Process, Facts Must Be Made Clear To Parties- SC

SARFAESI Act: If Someone Is Called To Participate In Bidding Process, Facts Must Be Made Clear To...

Swasti Chaturvedi13 April 2023 10:30 AM IST

Even If Minuscule Part Of Cause Of Action Arises Within Territory Of Court, Petition Can Be Entertained: M.P. HC

Even If Minuscule Part Of Cause Of Action Arises Within Territory Of Court, Petition Can Be...

Swasti Chaturvedi2 April 2023 6:00 PM IST

Borrower Has To Pre-Deposit 50% Of Amount As Debt Due In Appeal Before DRAT U/s. 18 Of SARFAESI Act- SC

Borrower Has To Pre-Deposit 50% Of Amount As Debt Due In Appeal Before DRAT U/s. 18 Of SARFAESI Act-...

Sanjoli N Srivastava8 Jan 2023 3:00 PM IST

Burden Of Proof Is On Borrower To Prove Particular Property Is Agricultural Land Under SARFAESI Act- SC

Burden Of Proof Is On Borrower To Prove Particular Property Is Agricultural Land Under SARFAESI Act-...

Sanjoli N Srivastava8 Jan 2023 1:00 PM IST

Recoveries With Respect To Secured Creditor Under SARFAESI Act Would Prevail Over Recoveries Under MSMED Act: SC

Recoveries With Respect To Secured Creditor Under SARFAESI Act Would Prevail Over Recoveries Under...

Sanjoli N Srivastava6 Jan 2023 8:00 PM IST

SARFAESI ACT| SC Deprecates HCs Practice Of Entertaining Writ Petition Without Exhausting Statutory Remedy Of Appeal

SARFAESI ACT| SC Deprecates HC's Practice Of Entertaining Writ Petition Without Exhausting Statutory...

Sanjoli N Srivastava17 Nov 2022 8:45 PM IST

Duty Cast Upon CMM Or DM To Assist Secured Creditor In Obtaining Possession & Documents Related To Secured Assets: SC

Duty Cast Upon CMM Or DM To Assist Secured Creditor In Obtaining Possession & Documents Related To...

Ashish Shaji2 Oct 2022 8:15 PM IST

Proceedings Cannot Continue Under SARFAESI Act Once CIRP Is Initiated and Moratorium Ordered - Supreme Court

Proceedings Cannot Continue Under SARFAESI Act Once CIRP Is Initiated and Moratorium Ordered -...

Verdictum News Desk26 May 2022 12:15 PM IST

Litigant Enjoying Fruits Of Litigation For 21 Years, Inviting Orders On Merits That Are Against Him Is Reprehensible - SC

Litigant Enjoying Fruits Of Litigation For 21 Years, Inviting Orders On Merits That Are Against Him...

Deepankar Malviya21 May 2022 5:00 PM IST

SC Permits Magistrates To Appoint And Authorize Advocate Commissioners To Take Possession Of Secured Assets U/s. 14 Of SARFAESI Act

SC Permits Magistrates To Appoint And Authorize Advocate Commissioners To Take Possession Of Secured...

Deepankar Malviya28 Feb 2022 11:12 AM IST

SARFAESI Act Will Override Central Excise Act, Dues of Secured Creditor To Have Priority Over Central Excise Deptt. - SC

SARFAESI Act Will Override Central Excise Act, Dues of Secured Creditor To Have Priority Over...

Gurpreet Kaur27 Feb 2022 1:00 PM IST

Bank Or ARC Taking Action Under SARFAESI Act Are Not Performing Public Function, Writ Petition Not Maintainable: Supreme Court

Bank Or ARC Taking Action Under SARFAESI Act Are Not Performing Public Function, Writ Petition Not...

Verdictum News Desk14 Jan 2022 12:45 PM IST

Borrower Has Waived Reply U/s. 13(3A) Of SARFAESI Act: Supreme Court Upholds Sale Of Mortgaged Asset

Borrower Has Waived Reply U/s. 13(3A) Of SARFAESI Act: Supreme Court Upholds Sale Of Mortgaged Asset

Verdictum News Desk14 Dec 2021 11:27 AM IST

Tenant In Sufferance Is Not Entitled To Any Protection Under The Rent Act Vis à Vis The SARFAESI Act: Supreme Court Reiterates

Tenant In Sufferance Is Not Entitled To Any Protection Under The Rent Act Vis à Vis The SARFAESI...

Verdictum News Desk18 Sept 2021 6:15 PM IST