Enforcement of Security Interest and Recovery of Debt Laws a.....Tags : sarfaesi, debt act, central registry, asset reconstruction
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Secured Creditor Should Mandatorily Consider Debtor’s Representation SARFAESI Act: Supreme Court(21.03.2018)
Supreme Court has held that while recovering secured property from Non-Performing Assets (NPAs), a secured creditor should mandatorily consider the de.....
Tags : Supreme Court, SARFAESI Act
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Madras High Court Quashes Criminal Defamation Case Against DMK Leader Kanimozhi Karunanidhi(09.11.2021)
Madras High Court has quashed a criminal defamation case filed against DMK leader Kanimozhi Karunanidhi, for allegedly levelling unfounded corruption .....
Tags : Delhi High Court, Uploading of Orders Passed U/S 14 of SARFAESI Act
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MP HC: ?20 Lakh Minimum Threshold for Loan Recovery by NBFCs Not Applicable on HFCs(23.05.2024)
MP HC has held that Housing Finance Companies (HFCs) can invoke the SARFAESI Act, 2002 even when the loan amount is less than ?20 Lakhs and the minimu.....
Tags : MP High Court, SARFAESI Act, 2002, Housing Finance Companies, NBFC
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Delhi HC: Initiation Of Proceedings Under SARFAESI Act Does Not Bar Arbitration Of Disputes(20.10.2022)
Delhi High Court has ruled that the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, .....
Tags : Delhi High Court, arbitration, SARFAESI
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Ker. HC: Non-Compliance of MSME Framework Doesn’t Nullify NPA Declaration Under SARFAESI(15.09.2023)
Kerala High Court has held that failure to abide by the terms of the notification of 2015 prescribing ‘Framework for Revival and Rehabilitation of Mic.....
Tags : Kerala High Court, MSME Framework, NPA, SARFAESI
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SC Issues Notice to J&K Traders Who Challenged Sarfaesi Act(03.11.2015)
SC on special leave petition challenging judgment of J&K HC, which ruled that Securitization and Reconstruction of Financial Assets and Enforcement of.....
Tags : SC, J&K HC, Sarfaesi Act
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Ker. HC: MSMED Act Superseded All Recovery Proceedings by Virtue of Non-Obstante Clause u/s 24(23.10.2023)
Kerala High Court has held that MSMED Act being a subsequent legislation against the SARFAESI Act, the Parliament has purposefully and knowingly super.....
Tags : Kerala High Court, MSMED Act, SARFAESI
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Allahabad HC to UP Govt.: Ensure Strict Compliance with Section 14 of SARFAESI Act(30.05.2022)
Allahabad High Court has directed State of Uttar Pradesh to issue directions to all the concerned authorities in the State to comply with the provisio.....
Tags : Allahabad High Court, Uttar Pradesh, SARFAESI Act
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Del HC: Scope of Writ Jurisdiction Cannot be Allowed to Trounce the Statutory Obligation(16.08.2023)
Delhi High Court while observing that scope of writ jurisdiction can’t be allowed to trounce the statutory obligation, on the stratagem of efficacious.....
Tags : Delhi High Court, Writ Jurisdiction, SARFAESI, Recovery Proceedings
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SC: Additional Chief Metropolitan/District Magistrate Can Exercise Power U/S 14 of SARFAESI(28.07.2022)
Supreme Court has held that term ‘District Magistrate’ and ‘Chief Metropolitan Magistrate’ as appearing in Section 14 of the SARFAESI Act shall deem t.....
Tags : Supreme Court, SARFAESI, Magistrate
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AP HC Directs Opening of Hospital Attached Under SARFAESI for COVID-19 Treatment(01.04.2020)
Andhra Pradesh High Court has directed the opening up of a private hospital, which was attached under the Securitisation and Reconstruction of Financi.....
Tags : Andhra Pradesh High Court, Hospital Attached Under SARFAESI
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Ker. HC: Sale Under SARFAESI Won’t Extinguish Prior Existing Charge for Dues Under State Tax Laws(10.01.2023)
Kerala High Court has held that statutory charge created under Kerala General Sales Tax Act, and Kerala VAT Act, prior to any mortgage made, against t.....
Tags : Kerala High Court, State Tax, VAT, SARFAESI
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Kar. HC: Bank Can Initiate Criminal Action if A/C Declared Fraud, Even After Invoking SARFAESI Act(04.10.2022)
Karnataka High Court has held that Central Bureau of Investigation (CBI) can investigate complaint registered by a bank against company and its direct.....
Tags : Karnataka High Court, SARFAESI, Criminal Action
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SARFAESI Act is applicable to Cooperative Banks(05.05.2020)
In present case, the question relates to the scope of the legislative field covered by Entry 45 of List I viz. ‘Banking’ and Entry 32 of List II of th.....
Tags : SARFAESI Act, Co-operative banks, Applicability
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HP HC: SARFAESI Act Has an Overriding Effect on the Provisions of VAT Act(06.06.2022)
Himachal Pradesh High Court has held that SARFAESI Act and Recovery of Debts and Bankruptcy Act, 1993 have an overriding effect on the provisions of H.....
Tags : Himachal Pradesh High Court, SARFAESI, VAT
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MP HC Issues Guidelines on S.14 Appln Filed by Secured Creditors under SARFAESI Act(27.11.2023)
Madhya Pradesh High Court while observing that inaction of DM/ADM/ CJMs has resulted in secured creditors rushing to High Court, leading to opening of.....
Tags : Madhya Pradesh High Court, SARFAESI Act, Secured Creditors, Section 14, Guidelines
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Delhi High Court Asks CMMs to Ensure Prompt Uploading of Orders Passed U/S 14 of SARFAESI Act(09.11.2021)
Delhi High Court has asked all the Chief Metropolitan Magistrates in city courts to ensure that the orders passed by them under Section 14 of the Secu.....
Tags : Delhi High Court, Uploading of Orders Passed U/S 14 of SARFAESI Act
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Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: Supreme Court(08.05.2018)
Supreme Court has reiterated that a civil suit would not be maintainable when proceedings under the Securitisation and Reconstruction of Financial Ass.....
Tags : Supreme Court, SARFAESI Act
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Supreme Court Explains Protection from SARFAESI Act not Available to 'Tenant-In-Sufferance'(13.09.2019)
Supreme Court has explained the interplay between laws of tenancy and debt recovery and has ruled that protection from recovery proceedings under the .....
Tags : Supreme Court, SARFAESI Act
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Orissa HC: Jurisdiction u/s 14 SARFAESI Act Can be Exercised Either by CJM or DM(25.02.2022)
Orissa High Court has held that jurisdiction under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security.....
Tags : Orissa High Court, Jurisdiction u/s 14 SARFAESI Act
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Borrower has No Right of Hearing in Proceedings U/S 14 SARFAESI Act: Karnataka HC(04.12.2018)
Karnataka High Court has held that borrower has no right of hearing in proceedings under Section 14 of the SARFAESI Act and set aside the general dire.....
Tags : Karnataka High Court, SARFAESI Act
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Delhi HC: Proceedings under SARFAESI Act Remain Unaffected by Orders Passed Under SEBI Act 1992(25.07.2023)
Delhi HC has observed that the proceedings under SARFAESI Act, 2002 will remain unaffected by the orders passed under SEBI Act, 1992 as provisions of .....
Tags : Delhi HC, SARFAESI Act, 2002, SEBI Act, 1992
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CJM Can’t Grant Time for Payment of Debt Due to Secured Creditor: Kerala High Court(21.06.2018)
Kerala High Court has held that Chief Judicial Magistrate exercising power under Section 14 of SARFAESI Act, 2002 has no jurisdiction to grant time f.....
Tags : Kerala High Court, SARFAESI Act
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Bombay HC: Jurisdiction of DM Under SARFAESI Act Purely Ministerial in Nature(25.08.2022)
Bombay High Court while observing that jurisdiction of District Magistrate (DM) is limited only to assisting secured creditors in taking possession of.....
Tags : Bombay High Court, SARFAESI, District Magistrate
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JKL HC: S.34 of SARFAESI Act Created Bar on Grant of Injunction for Actions Taken Under the Act(26.07.2023)
Jammu and Kashmir and Ladakh High Court has held that Section 34 of SARFAESI Act creates a bar and provides that no injunction shall be granted by any.....
Tags : Jammu and Kashmir and Ladakh High Court, SARFAESI, Injunction
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Calcutta HC: Secured Creditor Cannot Invoke S. 14 of SARFAESI Act After Sale of Secured Asset(04.09.2017)
Calcutta High Court has ruled that a secured creditor cannot maintain an application u/s 14 of Securitization and Reconstruction of Financial Assets a.....
Tags : Calcutta High Court, SARFAESI Act
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SC: Section 16B of HP General Sales Tax Act Not Ultra Vires to Any Provision of Law(01.05.2023)
Supreme Court while setting aside High Court judgment which held that Section 16B of Himachal Pradesh General Sales Tax (HPGST) is ultra vires to Sect.....
Tags : Supreme Court, Himachal Pradesh General Sales Tax, SARFAESI, Ultra Vires
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SC: HC Can’t Quash Magistrate's Order U/S 14 SARFAESI Act, While Exercising Power U/S 482 CrPC(10.07.2023)
Supreme Court has held that petition filed under Section 482 of CrPC to quash an order passed under Section 14 of the SARFAESI Act is not sustainable,.....
Tags : Supreme Court, SARFAESI, Magistrate's Order, Quash
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Auction purchaser can challenge the action of forfeiting it’s deposit by secured creditor before DRT(27.11.2017)
The present appeal is filed against the final judgment passed by the Delhi High Court whereby the Division Bench of the High Court had dismissed the a.....
Tags : Alternative Remedy, SARFAESI Act, DRT
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SC: 45 Days Time Limit for Filing Appln Under SARFAESI Act is for Quick Enforcement of Security(12.08.2022)
Supreme Court has held that a time limit of 45 days for filing an application under Section 17 of SARFAESI Act is provided for quick enforcement of th.....
Tags : Supreme Court, SARFAESI, Enforcement, Security
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SC: CMM/DM Not Required to Adjudicate Disputes Between Borrower/Third Party & Secured Creditor(27.09.2022)
Supreme Court has held that while considering an application under Section 14 SARFAESI Act, the CMM/DM is not required to adjudicate the dispute betwe.....
Tags : Supreme Court, SARFAESI, CMM/DM
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