Tag: SARFAESI
Decoding the Supreme Court Judgment on Stamping and Registration of Sale Certificates: Legal Insights and Implications
In a landmark ruling, the Supreme Court in State of Punjab & Anr. vs M/s Ferrous Alloy Forgings P Ltd. & Ors. (2024 INSC 890) clarified the legal status of sale certificates issued during court-ordered
E-Auctions Under the SARFAESI Act: Balancing Procedural Rigidity with Natural Justice – A Critical Analysis of IDBI Bank Ltd. vs. Ramswaroop Daliya (2024 INSC 780)
The Supreme Court of India’s judgment in IDBI Bank Ltd. vs. Ramswaroop Daliya and Ors. (2024 INSC 780) revolves around a dispute concerning an e-auction sale of property under the provisions of the SARFAESI Act,
Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings, in cases where an Assignment Agreement is duly registered: NCLAT Delhi
In the case of Emta Coal Ltd. v. L&T Finance Ltd. and Anr., the National Company Appellate Tribunal vide Order dated 28.05.2024 held that when debt assignment is registered without raising any objections regarding inadequacy
SUPREME COURT OBSERVES: BURDEN LIES ON THE BORROWER TO PROVE THAT THE SECURED PROPERTIES ARE AGRICULTURAL LANDS
The Supreme Court, comprising Justice M.R. Shah and Justice M.M. Sundaresh in a recent judgment1 held that the burden to prove that the secured properties are agricultural lands and are being used as agricultural lands
Vishal N. Kalsaria v. Bank of India & Ors.
Introduction In the case of Vishal N. Kalsaria v. Bank of India & Ors.[1], the Supreme Court has considered the question whether the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of
Pegasus Assets Reconstruction P. Ltd. v. M/s. Haryana Concast Limited & Anr. – SARFAESI Act a complete code, harmonious with Companies Act, 1956
By Varsha G Subramanian Introduction A secured creditor has a right to enforce its security interest under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”). In the case
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