30 January 2023


Search Results for Tag : SARFAESI

Judgments

Company Court to not wield power at winding-up under SARFAESI(29.12.2015)

Provisions of the Companies Act, 1956 in respect of dues of workmen and their protection are incorporated under the Securitisation Act, 2002 and legal.....

Tags : Sarfaesi, companies act, conditions, secured asset

read»



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

read»



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

read»



Courts should render all aid to the aggrieved party to enable him to derive the full benefits of the order(28.07.2015)

The High Court held that the jurisdiction of the Civil Court did not need to be invoked in order to enforce its order. In a matter where Deccan Chroni.....

Tags : sarfaesi, police, enforce, order, possession

read»



Statute

Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Bill, 2016(13.06.2016)

The Enforcement of Security Interest and Recovery of Debt Laws a.....

Tags : sarfaesi, debt act, central registry, asset reconstruction

read»



News

Calcutta HC: Remedy Under SARFAESI Act Subject To Provisions Of Limitation Act(11.07.2017)

Calcutta High Court has ruled that any remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 20.....

Tags : Calcutta High Court, SARFAESI Act

read»



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

read»



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

read»



There Can Be Simultaneous Proceedings Under SARFAESI & Arbitration Act: Delhi HC(13.12.2017)

Delhi High Court has held that arbitration and SARFAESI proceedings can be resorted to simultaneously for recovery of loan arrears.

Tags : Delhi High Court, SARFAESI

read»



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

read»



Under SARFAESI Act, Addl DM/Addl CMM Has Judicial Powers Similar To That Of DM/ CMM: Bombay HC(11.01.2018)

Bombay High Court has held that for the purposes of S. 14 of the SARFAESI Act, the District Magistrate or the Chief Metropolitan Magistrate is not a p.....

Tags : Bombay High Court, SARFAESI

read»



Gujarat High Court Refuses to Hear Plea Challenging Validity of S.14 SARFAESI Act(25.08.2021)

Gujarat High Court has refused to entertain a plea challenging the vires of Section 14 of the Securitisation and Reconstruction of Financial Assets an.....

Tags : Gujarat High Court, Validity of S.14 SARFAESI Act

read»



No Application Can Be Filed Against Taking ‘Symbolic Possession’ Before DRT: Allahabad HC(15.02.2018)

Allahabad High Court has held that taking “symbolic possession” or issuance of possession notice, meeting with any resistance, cannot be treated as “m.....

Tags : Allahabad High Court, SARFAESI Act

read»



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

read»



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

read»



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

read»



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

read»



Civil Suit Not Maintainable After SARFAESI Proceedings Are Initiated: Supreme Court(09.05.2018)

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

read»



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

read»



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

read»



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

read»



Delhi HC: Invocation of S. 13 SARFAESI Act Results in General Bar to Civil Court Proceedings(03.02.2022)

Delhi High Court has held that invocation of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Inter.....

Tags : Delhi High Court, Invocation of S. 13 SARFAESI Act

read»



Kerala HC: Sale Notice under SARFAESI Act Without a 15 Days Clear Notice to Defaulter is Bad in Law(24.05.2022)

Kerala High Court has ruled that the three methods of serving, affixing and publishing a notice of 15 days for subsequent sales, as provided under Rul.....

Tags : Kerala High Court, Sale Notice, SARFAESI, Mandatory

read»



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

read»



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

read»



SC: Trivial Procedural Lapses Not a Ground to Nullify SARFAESI Proceedings(29.10.2020)

Supreme Court has observed that proceedings initiated under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities In.....

Tags : Supreme Court, Ground to Nullify SARFAESI Proceedings

read»



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

read»



Bombay HC: Secured Creditors Shall Take Priority Over Government Dues Under SARFAESI Act(05.09.2022)

Bombay High Court has held that the rights of secured creditors to realise secured debts shall have priority over government dues, including revenues,.....

Tags : Bombay High Court, SARFAESI Act, Secured Creditors

read»



Allahabad High Court Cancels Auction Sale Initiated Under SARFAESI Act As Debtor Was Not Informed(14.02.2017)

Allahabad High Court has quashed proceedings initiated post notice under Section 13(4) of SARFAESI Act, 2002 as said notice was issued without duly in.....

Tags : Allahabad High Court, SARFAESI Act

read»



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

read»



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

read»



Cal. HC: DM Can Delegate Powers to Executive Magistrate to Take Possession of Secured Assets(14.09.2022)

Calcutta High Court has held that step taken under Section 14 of SARFAESI Act while taking possession of the secured assets is a ministerial step and .....

Tags : Calcutta High Court, SARFAESI, District Magistrate

read»



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

read»



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

read»



Kerala HC Seeks Response from Govt on SARFAESI Proceedings on Loan Accounts(11.09.2020)

Kerala High Court has sought response from the Central Government about the banks' plea seeking permission to continue Securitisation and Reconstructi.....

Tags : Kerala High Court, Loan Accounts, SARFAESI Proceedings

read»



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

read»



Delhi HC: SARFAESI Act Can’t be Invoked for Arbitration When Financial Institution is Borrower(08.11.2022)

Delhi High Court has held that Section 11 of SARFAESI Act provides for remedy by arbitration only in cases of inter se dispute between the financial i.....

Tags : Delhi High Court, SARFAESI, Financial Institution

read»



SC Disapproves HC Practice Allowing Pleas in SARFAESI Cases Without Exhausting Alternative Remedy(17.11.2022)

Supreme Court has disapproved the high courts’ practice of entertaining writ petitions filed in SARFAESI matters without exhausting the alternative st.....

Tags : Supreme Court, SARFAESI, Alternative Remedy

read»



Delhi HC Upholds Constitutional Validity Of Chapter II Of SARFAESI Act(17.10.2022)

Delhi High Court has upheld the constitutional validity of Chapter II of the Securitisation and Reconstruction of Financial Assets and Enforcement of .....

Tags : Delhi High Court, Constitution, SARFAESI

read»



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

read»



SC: Burden to Prove Secured Properties Are Agricultural Lands is Upon Borrower(06.01.2023)

Supreme Court has held that in proceedings under SARFAESI Act, burden is upon the borrower to prove that the secured properties are agricultural lands.....

Tags : Supreme Court, SARFAESI, Borrower, Burden

read»



SC: Dues Under MSMED Act Won’t Prevail Over Proceedings Under SARFAESI Act(06.01.2023)

Supreme Court has held that Dues under Micro, Small and Medium Enterprises Development (MSMED) Act, 2006 would not prevail over the SARFAESI Act.

Tags : Supreme Court, MSMED, SARFAESI, Dues

read»



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

read»