Tag: SARFAESI Act

Ensuring Dignity Supreme Court Rules Maintenance Claims Take Priority Over Financial Obligations

Ensuring Dignity: Supreme Court Rules Maintenance Claims Take Priority Over Financial Obligations

Thursday December 12, 2024. BY Rahul Sundaram | Insolvency & Bankruptcy

Introduction The Supreme Court of India has once again emphasized the paramount importance of the right to maintenance by declaring it superior to statutory financial claims under laws like the SARFAESI Act and the Insolvency

Whether the restructuring process as contemplated in the Notification dated 29th May 2015 issued by the Ministry of Micro, Small and Medium Enterprises (MSME) is directory or mandatory.

Whether the restructuring process as contemplated in the Notification dated 29th May 2015 issued by the Ministry of Micro, Small and Medium Enterprises (MSME) is directory or mandatory.

Thursday August 29, 2024. BY Samuel Abraham and Vaibhav Dash | Insolvency & Bankruptcy

Introduction The Hon’ble Supreme Court of India, in a recent landmark decision passed vide Order dated 01.08.2024 in the matter of Pro Knits v. Board of Directors of Canara Bank[i], addressed a crucial issue regarding

Debt Recovery Tribunal Cannot Entertain A Claim Below Rs.10 Lakhs Under Sarfaesi Act – Delhi High Court

Wednesday November 8, 2023. BY Shivangi Dubey And Abdullah Qureshi | Banking and Finance

There is a remarkable legal development wherein the High Court of Delhi (HC) in its ruling brought major implications on the jurisdiction of Debt Recovery Tribunals (DRT) under the Securitization and Reconstruction of Financial Assets

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.

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.

Tuesday July 11, 2023. BY Malavika Sachin, Abdullah Qureshi, Shradha Patil | Debt Recovery

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

Writ Petition under Art. 226 Unavailable if Statutory Appeal under Sec. 17 Sarfaesi Act, 2002–Supreme Court

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

Tuesday May 30, 2023. BY Shradha Patil, Malavika Sachin, Abdullah Qureshi | Debt Recovery

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 HC Directions for Expeditious Disposal of Secured Creditors' Applications under Sarfaesi Act, Section 14

Bombay High Court | Directions Issued For Expeditious Disposal Of Applications Filed By Secured Creditors Under Section 14 Of Sarfaesi Act

Tuesday May 16, 2023. BY Malavika Sachin, Abdullah Qureshi & Shradha Patil | Debt Recovery

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

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