When A Right Accrued In Favour Of The Auction Purchaser Is Denied By The Secured Creditor, The Auction Purchaser Is Entitled To A Hearing Before Forfeiting The Amount: DRAT Kolkata
The Hon’ble Debt Recovery Appellate Tribunal, Kolkata comprising of Justice Anil Kumar Srivastava in Punjab National Bank Vs. held that when the right of forfeiture under Rule 9(5) of Security Interest (Enforcement) Rules, 2002 is
Dispatch of the Notice by the Bank under Section 13(2) of the SARFAESI Act is an official Act as presumed under Section 114 (e) of the Indian Evidence Act: J&K High Court.
The Hon’ble Division Bench of Jammu & Kashmir and Ladakh High Court, comprising of Justice Atul Sreedharan and Justice Mohan Lal vide order dated 22nd May 2023 [i] held that dispatching the notice under Section
Banks Have Discretion To Exclude Such Borrowers From The OTS Scheme Where The Chances Of Recovery Are High: J&K And Ladakh High Court
The Hon’ble Single Judge Bench of Jammu & Kashmir and Ladakh High Court, comprising of Justice Sanjay Dhar in Ghulam Ahmad Mir Vs J&K Bank & Ors.[i]vide order dated 26th April 2023 held that a
Writ Petition Under Article 226 Cannot Be Entertained When Alternative Statutory Remedy Is Available By Way Of Appeal Under Section 17 Of The Sarfaesi Act, 2002–Supreme Court
The Hon’ble Division Bench of Supreme Court comprising of Justice M.R. Shah and CT Ravikumar in G Vikram Kumar V State Bank of Hyderabad & Ors. vide order dated 02.05.2023[i] held that for any action
Bombay High Court | Directions Issued For Expeditious Disposal Of Applications Filed By Secured Creditors Under Section 14 Of Sarfaesi Act
The Hon’ble Division Bench of Bombay High Court comprising of Justice Nitin Jamdar and Justice Abhay Ahuja in L & T Finance Limited vs. State of Maharashtra vide order dated 17th April, 2023[i]issued a set
Supreme Court | Borrower Has To Pre-Deposit 50% Of The “Debt Due” In Appeal Under Section 18 Of The Sarfaesi Act Before DRAT
The Hon’ble Supreme Court, comprising Justice M.R. Shah and Justice B.V. Nagarathna in M/s Sidha Neelkanth Paper Industries Pvt. Ltd. & Anr. V Prudent ARC Limited & Ors vide judgement dated 05.01.2023 observed that the
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