Sarfaesi
Sarfaesi – Proceedings against a dead person – Bad in law. 2021 PLRonline 5302
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Dead person - Sale - ....
Read moreSARFAESI S. 13(4) – Writ – NBFC – Writ does not lie against a private NBFC – SARFAESI Act – Alternate remedy .[ID# 443601]
SARFAESI Act, S. 13(4) – Writ - NBFC - Writ petition filed seeking relief qua respondent-institution, which is admittedly a...
Read more[SC] Sarfaesi S. 13(4), 14 – Sale certificate stood issued under Sarfaesi prior to declaration of moratorium in petition filed under Section 9 of the IBC – Properties cannot be treated to be liquidation assets of the CD – IBC , S. 9. [PLRonline 470684]
Sarfaesi S. 13(4), 14 - Sale of property under Sarfaesi prior to declaration of moratorium in petition filed under Section...
Read more[SC] Sarfaesi S. 14 – Confirmation of sale – Sale certificate – Registration Act, 1908 only required the authorised officer of the bank to hand over the duly validated sale certificate with a copy forwarded to the registering authorities.[PLRonline #5410402]
Registration Act, 1908, Section 17(2) (xii) read with Section 89(4)- Securitisation and Reconstruction of Financial Assets and Enforcement of Security...
Read moreCPC O. 7 R. 11 – Power is limited to rejection of the plaint as a whole or not at all – It is impermissible to reject the plaint only against one of the defendants – Sarfaesi. [PLRonline #348208]
Full Judgment with detailed headnotes access for Premium Subscribers only (Click to subscribe ) 2019 SCeJ 837, (2019-3)195 P.L.R. 230...
Read moreSarfaesi – No proceeding U/s 13(4) – Writ maintainable – Overcharging of interest by Bank – Sarfaesi set aside – NPA could not be continued if account was regularised. [2022 PLRonline 0594]
2022 PLRonline 0594, Guru Nanak Engineering Works v. Reserve Bank of India . . EDITORS NOTE: see Supreme Court Order...
Read moreSARFAESI – High Court u/s 482 Cr.P.C can not quash Order passed under S. 14 of the SARFAESI ACT – Any remedy against such order can be availed only under the SARFAESI ACT, 2002. [SupremeCourtOnline 456603]
(2023-3)211 PLR 329 (SC)` SUPREME COURT OF INDIA Before: A.S. Bopanna & M.M. Sundresh, JJ. M/S. PHOENIX ARC PRIVATE LIMITED...
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Banking – Auction – Mortgage – Receiver has responsibility to maintain the property in good condition and prevent its deterioration – Creditor cannot later claim that the property lost value while in their custody, will be accountable for any loss in property value.
While the attempt of the banks and financial institutions to minimize their losses makes good business sense, there cannot be...
Read moreSarfaesi S. 13(2), 13 (3-A) – Writ – Appellant having availed the statutory remedy of representation as such no interference is called for in the dismissal order of the High Court.
Sarfaesi – Writ - A writ petition had been filed against notice under Section 13 (2) issued by the bank...
Read moreSarfaesi – 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...
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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 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...
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