Banking
Sarfaesi – Interim orders should generally not be passed without hearing the secured creditor
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Constitution of India, Articles 226 or...
Read moreSarfaesi S. 14 – Remedy under Section 14 of the Act is not rendered redundant if the District Magistrate is unable to handover the possession.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 14 – Inability to take possession...
Read moreSarfaesi Act, S.17 – Alternative remedy – Important legal issue involved.
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), Section 17 – Writ...
Read moreSarfaesi Act S. 13(8) – Amendment – Redemption
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), S. 13(8) – Law...
Read moreSarfaesi Act, S. 13(8) – Redemption – Till what time or date can the right of redemption of the mortgage be exercised ? – Till issuance of Sale notice or Sale certificate
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002), S. 13(8) - Till...
Read moreSarfaesi Rules R. 8(6), R. 9 (1) – Auction set aside.
Security Interest (Enforcement) Rules 2002, Rule 8(6), Rule 9 (1) – Violation of rules - Auction – Set aside –...
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Sarfaesi – Sale through private treaty –
Security Interest (Enforcement) Rules, 2002, Rules 8 and 9(1) – Sale through private treaty - Any sale effected without complying...
Read moreNIA S. 138 – Order of moratorium passed under the IB Code 2016 – Post dated cheques presented – No Liability
NIA S. 138 - Order of moratorium passed under the IB Code 2016 and Resolution professional appointed - Prior to...
Read moreNIA S. 138 – “account maintained by him” – Where an account holder is deprived of his control over the bank account from which cheque was issued – Offence not committed.
NIA S. 138 - "account maintained by him" - If an account holder is deprived off his control and authority,...
Read moreCourt fees – Order directing affixation of advalorem Court fee as per the amount claimed by bank in the suit – Upheld – Banking Regulation Act
Court Fees Act, 1879 (7 of 1870) Article 19 (as applicable to Punjab) – Under the provisions and scheme of...
Read moreSarfaesi – Auction – Rule 9(4) – Appears to be not as sacrosanct and the period can be extended
Security Interest (Enforcement) Rules, 2002, Rule 9(4) - Appears to be not as sacrosanct and the period can be extended...
Read moreSarfaesi – R. 9(4) – Four days’ delay which was caused in terms of the original auction notice, in deposit of the auction bid amount , in no manner, would frustrate or annul the auction proceedings
Security Interest (Enforcement) Rules, 2002, Rule 9(4) - Four days’ delay which was caused in terms of the original auction...
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SARFAESI – Typographical error – Mere typographical error due to inadvertence which has not caused any prejudice to the borrowers, that in itself could not be considered to be the ground to annul the process held by the secured creditor
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( 54 of 2002 ) - Typographical...
Read moreSarfaesi – Writ petition – Alternate remedy – S. 17 dismissed – We deprecate such practice of entertaining the writ application by the High Court
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( 54 of 2002 ), S. 17...
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[SC] Alternate remedy – Where an effective remedy is available to an aggrieved person, the High Court ordinarily must insist that before availing the remedy under Article 226 of the Constitution – Sarfaesi
United Bank of India vs. Satyawati Tondon & Others, (2010) 8 SCC 110, was concerned with the argument of alternative...
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