Sarfaesi Archives - PLRonline.in

Sarfaesi – Charge – Priority – Lien of the Bank as per Section 26 D noted and entered in the CERSAI much prior to the charge created by the department – Banks charge has priority. 2024 PLRonline 413768

Secured Debt – Red entry/ Lien by Excise and Income Tax department – Prior Right – Llien of the Bank as ...

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 - . ...

CrPC S. 482 – Judicial comity and judicial discipline demands that higher courts should follow the law – High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of the said settled legal position. [PLRonline 438700]

High Court has passed the orders staying the investigations of the FIRs and ECIR in question in utter disregard of ...

CrPC S. 482 – Sarfaesi – Discretion has been conferred on the High Court to pass the interim orders in exceptional cases for not taking coercive steps against the accused pending the proceedings, particularly when the proceedings under the SARFAESI Act were initiated against the borrowers. [PLRonline update]

CrPC S. 482 - Sarfaesi - Discretion has been conferred on the High Court to pass the interim orders in ...

CPC 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 ...

IBC S. 9 – Settlement entered into between parties- Does not fall within the ambit of an operational debt. [2023 PLRonline 9004 (NCLT)]

PLR PLRonline . 2023 PLRonline 9004 (NCLT) . NATIONAL COMPANY LAW TRIBUNAL , NEW DELHI Before: Shri Mahendra Khandelwal, Member ...

Sarfaesi – 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 ...

Sarfaesi 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 ...

Sarfaesi Act, S. 18 – DRAT cannot entertain an Appeal under SARFAESI Act without Pre- deposit. PLRonline 5154302 (SC)

LogIn to read 2020 PLRonline 5204 Supreme Court Of India Deepak Gupta, J. Aniruddha Bose, J Union Bank of India v. Rajat ...

Mathew Varghese v. M. Amritha Kumar

Mathew Varghese v. M. Amritha Kumar And Others, Supreme Court Of India Civil Appeals Nos. 1927-29 of 2014 10.02.2014 Krishnan ...

Look Out circular – Banking – From quantum of loss caused to a banker, it cannot be presumed that there was a fraud committed by the borrower/guarantor, moreso when no criminal case alleging fraud has even been filed. PLRonline 414654

Poonam Paul v. Union of India, 2022 PLRonline 0498 ; ((2023-1)209 PLR 403 (SN)) Look Out circular - 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 ...

Sarfaesi 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 ...

Rent – Fair rent – Provisional tent – Refund – Rent Controller can direct a refund if it finally finds amount found deposited to be in excess.

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 ...

Sarfaesi Act – Company under liquidation and moratorium is declared – Bank has no right to proceed against the assets of the company under the SARFAESI Act – Guarantor had right to challenge the same by filing an S.A.

2022 PLRonline 0391

Tag: Sarfaesi