Banking
Loan : Floating rate of interest : Intimation of change of rate of interest not required : Fora can not go into rendition of accounts
Floating rate of interest: Intimation not required : Fora can not go into rendition of accounts : we are of...
Read moreIBBI Reg. 34 – Payment of fees to RP
Insolvency and Bankruptcy Board of India , Regulation 34 - Payments of costs and expenses incurred by the Resolution Professional...
Read moreArbitration clause provides that the arbitration is to be conducted at Chennai whereas the parties are belonging to Haryana – Vehicle loan – Agreement as such is unconscionable and one sided being opposed to public policy – Repossession
CPC O. 7 R. 11 - Bank recovered a vehicle by using force for which loan installments had already been...
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Banking – Deposit in terms of interim orders of court – Refund Of – Bank not entitled to the same
Banking – Deposit in terms of interim orders of court – Refund - Deposit of Rs. 40 crores made with...
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OTS – Writ – High Court not to interfre in such matters
Constitution of India, Article 226 - OTS - Bank has rejected a One Time Settlement proposal of the debtor -...
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IBC S. 7 – Limitation
IBC, Section 7 - When an Application under Section 7 cannot be entertained for a debt, which is barred by...
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IBC, Section 18, 60 – Resolution Pro-fessional does not enjoy the adjudicatory functions
IBC, Section 18, 60 - Resolution Professional does not enjoy the adjudicatory functions - As per Section 18 of the...
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IBC S. 97 – Adjudicating Authority was not required at the stage when report was still to be filed by the Resolution Professional to record a finding regarding default
Insolvency and Banking Code , 2016 S. 97 - Adjudicating Authority was not required at the stage when report was...
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IBC S. 60(5) – Jurisdiction
Insolvency and Banking Code , 2016 S. 60(5) - Jurisdiction - Whether the Adjudicating Authority has jurisdiction to pass the...
Read moreIBC S. 14(1) – Bank guarantee can be invoked during the moratorium declared under Section 14(1)
IBC, 2016 S. 14(1) - Whether the bank guarantee in question can be invoked during the moratorium declared under Section...
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Sarfaesi – Writ – Not maintainable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) – Constitution of India, Article 226...
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OTS – High court stayed further proceedings under Section 13(4) in the writ jurisdiction subject to deposit – Set aside.
OTS- High court stayed further proceedings under Section 13(4) in the writ jurisdiction subject to deposit of Rs 10,00,000 leading...
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Sarfaesi – Object and reasons
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) - Objects and reasons ...
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Sarfaesi S. 13(3-A) – The legislative scheme does not envisage grievance redressal procedure at this stage.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 13(3-A), 17 - ...
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Injunction – Financial matters – In financial matters grant of ex parte interim orders can have a deleterious effect
Injunction - Financial matters - In financial matters grant of ex parte interim orders can have a deleterious effect and...
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