Secured Creditor

Supreme Court Upholds State’s Secured Creditor Status under GVAT Act in IBC Proceedings: Sanjay Kumar Agarwal vs. State Tax Officer (2023) INSC 963 (31 October 2023)

/ Code of Civil Procedure, Code of Civil Procedure with Order XLVII Rule 1, Gujarat Value Added Tax Act, 2003, Gujarat Value Added Tax Act, 2003 with Section 48, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 3(30), Insolvency and Bankruptcy Code, 2016 with Section 53, Review Petition, Secured Creditor

Supreme Court Upholds State’s Secured Creditor Status under GVAT Act in IBC Proceedings: Sanjay Kumar Agarwal vs. State Tax Officer (2023) INSC 963 (31 October 2023) Date of the Judgment: 31 October 2023 Citation: (2023) INSC 963 Judges: A.S. Bopanna, J. and Bela M. Trivedi, J. Can a State’s claim under the Gujarat Value Added […]

Supreme Court Upholds State’s Secured Creditor Status under GVAT Act in IBC Proceedings: Sanjay Kumar Agarwal vs. State Tax Officer (2023) INSC 963 (31 October 2023) Read Post »

Supreme Court settles the authority of Chief Judicial Magistrate under Section 14 of the SARFAESI Act in secured asset possession cases (23 September 2019)

/ A.M. Khanwilkar, Banking Law, Chief Judicial Magistrate, Chief Metropolitan Magistrate, Dinesh Maheshwari, Judges, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 37, Section 14, SARFAESI Act, 2002, Secured Creditor

Supreme Court Clarifies Powers Under Section 14 of SARFAESI Act: CJM Competent in Non-Metropolitan Areas LEGAL ISSUE: Whether the Chief Judicial Magistrate (CJM) is competent to process requests from secured creditors to take possession of secured assets under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

Supreme Court settles the authority of Chief Judicial Magistrate under Section 14 of the SARFAESI Act in secured asset possession cases (23 September 2019) Read Post »

Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018)

/ Actionable Claim, Companies (Court) Rules, 1959, Companies (Court) Rules, 1959 with Rule 9, Judges, K.M. Joseph, Navin Sinha, Ranjan Gogoi, Secured Creditor, Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002, Transfer of Property Act, 1882, Transfer of Property Act, 1882 with Section 130

Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018) LEGAL ISSUE: Whether an assignee of debt can be substituted as a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (SARFAESI Act) if it is not a

Supreme Court Upholds Rejection of Substitution as Secured Creditor: Suzuki Parasrampuria Suitings Pvt. Ltd. vs. The Official Liquidator (2018) Read Post »

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