Banking
IBC S. 3(8) – Who is a Corporate Debtor
The CD cannot use the provisions of section 3, as a blanket cover to claim exclusion from proceedings under the...
Read moreIBC S. 2(e) – Applies only for limited purpose contained in sub-sections (2) and (3) of section 60
State Bank of India v. V. Ramakrishnan & Anr. SC...
Read moreIBC S. 3(11), S. 3(12) – Debt & Default
Debt & Default 1. Brand Realty Services Ltd. V. Sir John Bakeries India Pvt. Ltd. NCLT order...
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Bank loan – Bank Employees Working as a Field Officer – False reports – Service matter
Bank loan - Bank Employees Working as a Field Officer - It has come on the record that while recommending...
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Sarfaesi S. 34 – Suit for injunction – Barred.
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 34 – Petitioner...
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Sarfaesi S. 31(b) – Pledge – Provisions of the said Act are not applicable if the credit facility has been availed on pledging of movables
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 31(b) – Pledge ...
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Sarfaesi S. 31(b) – Pledge of movables – Section 31(b) of the 2002 Act cannot be said to be wholly applicable
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (54 of 2002) Section 31(b) – Not...
Read moreSecurity Interest (Enforcement) Rules, 2002 R. 9(4) – Auction – Amount not deposited – Lockdown – Covid
Security Interest (Enforcement) Rules, 2002 R. 9(4) - Auction – Amount not deposited – Lockdown – Covid - The respondent...
Read moreSecurity Interest (Enforcement) Rules, 2002 R. 9(4) – Auction – Amount not deposited – Stay – Affect of – Interest – Non consideration for grant of 90 days extention period
Security Interest (Enforcement) Rules, 2002 R. 9(4) - Auction – Amount not deposited – Stay – Affect of – Interest...
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Security Interest (Enforcement) Rules R. 9(4) – Confirmation letter not sent through registered post
Security Interest (Enforcement) Rules, 2002 R. 9(4) - Respondent bank has stated that the sale confirmation letter could not be...
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Filing – Date of submission is the date of filing – Even if there is any defect in the Application, which is subsequently cured, the date of presentation of the Application shall remain the same and shall not be dependent on the date when defects are cured
Insolvency and Bankruptcy Code, 2016, Section 95, 96 - Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process...
Read moreKrishan Kumar Basia v. State Bank of India , 2022 SCeJ 844 (NCLAT)
Insolvency and Bankruptcy Code, 2016, Section 95, 96 - Insolvency and Bankruptcy (Application to Adjudicating Authority for Insolvency Resolution Process...
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IBC – An Adjudicating Authority under the IBC is not a substitute forum for a collection of debt
Insolvency and Banking Code, 2016 (31 of 2016) – Object of - An Adjudicating Authority under the IBC is not...
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Public Auction – ensures fairness in actions of the public authorities
"Public auction is one of the modes of sale intending to get highest competitive price for the property. Public auction...
Read moreIBC – After the CIRP is initiated, all actions including any action under the SARFAESI Act to foreclose, recover or enforce any security interest are prohibited – Moratorium
IBC - Sarfaesi Act Section 13 - After the CIRP is initiated, there is moratorium for any action to foreclose,...
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