Tag: SARFAESI Act 2002

Abuse of Interim Moratorium Under Section 96 of the Insolvency and Bankruptcy Code, 2016: A Legal Perspective

Abuse of Interim Moratorium Under Section 96 of the Insolvency and Bankruptcy Code, 2016: A Legal Perspective

Introduction The Insolvency and Bankruptcy Code, 2016 (“IBC”) was enacted to streamline insolvency proceedings and ensure timely resolution of distressed assets. However, certain provisions of the IBC, particularly Section 96, which provides for an interim

Auction Purchaser Is King: Supreme Court Upholds The Sanctity Of The Auction Process As Envisaged By The SARFAESI Act Over The Right To Redemption Of A Mortgagor

In a recent decision[i], the Hon’ble Supreme Court[ii] [“SC”] has declared that the auction procedure laid down in section 13 (8) of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act,