Recovery of Debts and Bankruptcy Act, 1993

Supreme Court clarifies limitation for IBC application based on recovery certificates: Totempudi Salalith vs. State Bank of India (2023)

/ Corporate Insolvency Resolution Process, Insolvency and Bankruptcy Code, 2016, Insolvency and Bankruptcy Code, 2016 with Section 238A, Insolvency and Bankruptcy Code, 2016 with Section 7, Limitation Act, 1963, Limitation Act, 1963 with Article 136, Limitation Act, 1963 with Article 137, Limitation Act, 1963 with Section 18, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 19(22A)

Supreme Court clarifies limitation for IBC application based on recovery certificates: Totempudi Salalith vs. State Bank of India (2023) LEGAL ISSUE: Whether a financial creditor can initiate Corporate Insolvency Resolution Process (CIRP) under the Insolvency and Bankruptcy Code, 2016 (IBC) based on a recovery certificate issued by the Debt Recovery Tribunal (DRT), and what is […]

Supreme Court clarifies limitation for IBC application based on recovery certificates: Totempudi Salalith vs. State Bank of India (2023) Read Post »

Supreme Court Directs Expedited Resolution on Interest and Mesne Profits in Auction Sale Dispute: Rockline Construction Company vs. Doha Bank QSC (24 April 2023)

/ Auction Sale, Civil Law, Debt Recovery Appellate Tribunal, Debt Recovery Laws, Interest Rate, Judges, Krishna Murari, Mesne Profits, Recovery of Debts and Bankruptcy Act, 1993, Recovery Officer, Sanjay Karol

Supreme Court Directs Expedited Resolution on Interest and Mesne Profits in Auction Sale Dispute: Rockline Construction Company vs. Doha Bank QSC (24 April 2023) LEGAL ISSUE: Determination of the rate of interest and mesne profits in a dispute arising from a set-aside auction sale. CASE TYPE: Debt Recovery/Civil. Case Name: Rockline Construction Company vs. Doha

Supreme Court Directs Expedited Resolution on Interest and Mesne Profits in Auction Sale Dispute: Rockline Construction Company vs. Doha Bank QSC (24 April 2023) Read Post »

Supreme Court clarifies pre-deposit under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023)

/ B.V. Nagarathna, Debt Recovery, Judges, M.R. Shah, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 2(g), SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 18

Supreme Court Clarifies Pre-Deposit Requirements under SARFAESI Act LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha Neelkanth Paper Industries Private Limited & Another vs. Prudent

Supreme Court clarifies pre-deposit under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) Read Post »

Supreme Court clarifies pre-deposit under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023)

/ B.V. Nagarathna, Judges, M.R. Shah, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 2(g), SARFAESI Act, SARFAESI Act with Section 13(2), SARFAESI Act with Section 18

Supreme Court Clarifies Pre-Deposit Requirements Under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) LEGAL ISSUE: Interpretation of Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) regarding pre-deposit requirements for appeals. CASE TYPE: Securitisation and Debt Recovery Case Name: M/s Sidha

Supreme Court clarifies pre-deposit under SARFAESI Act: Sidha Neelkanth Paper Industries vs. Prudent ARC Limited (2023) Read Post »

Supreme Court Directs Deposit and Resolves Dispute in Debt Recovery Case

/ A.S. Bopanna, Debt Recovery Appellate Tribunal, Debt Recovery Tribunal, Judges, M.R. Shah, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 25

Supreme Court Directs Deposit and Resolves Dispute in Debt Recovery Case LEGAL ISSUE: Dispute over the amount due and payable in a debt recovery case. CASE TYPE: Debt Recovery Case Name: XLO INDIA LIMITED AND ANOTHER vs. INTERNATIONAL ASSET RECONSTRUCTION COMPANY PRIVATE LIMITED & OTHERS [Judgment Date]: 27 October 2021 Introduction Date of the Judgment:

Supreme Court Directs Deposit and Resolves Dispute in Debt Recovery Case Read Post »

Supreme Court clarifies pre-deposit requirements under RDBA Act: Kotak Mahindra Bank vs. Ambuj A. Kasliwal (2021)

/ A. S. Bopanna, Judges, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 21, S. A. Bobde, V. Ramasubramanian

Supreme Court clarifies pre-deposit requirements under RDBA Act: Kotak Mahindra Bank vs. Ambuj A. Kasliwal (2021) Date of the Judgment: February 16, 2021 Citation: 2021 INSC 78 Judges: S. A. Bobde, CJI, A. S. Bopanna, J, V. Ramasubramanian, J. The judgment was authored by Justice A.S. Bopanna. Can an appellate tribunal completely waive the mandatory

Supreme Court clarifies pre-deposit requirements under RDBA Act: Kotak Mahindra Bank vs. Ambuj A. Kasliwal (2021) Read Post »

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act

/ Code of Civil Procedure, 1908, Code of Civil Procedure, 1908 with Order XLVII, Code of Civil Procedure, 1908 with Section 22, Judges, R.F. Nariman, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 19, Recovery of Debts and Bankruptcy Act, 1993 with Section 20, Recovery of Debts and Bankruptcy Act, 1993 with Section 24, V. Ramasubramanian

Supreme Court Clarifies Limitation Act Applicability to Review Petitions under RDB Act LEGAL ISSUE: Whether the provisions of the Limitation Act, 1963 apply to review petitions filed under Rule 5A of the Debt Recovery Tribunal (Procedure) Rules, 1993, under the Recovery of Debts and Bankruptcy Act, 1993. CASE TYPE: Debt Recovery/Banking Law Case Name: Standard

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Supreme Court settles Limitation Act applicability on appeals under Section 30 of Recovery of Debts and Bankruptcy Act: International Asset Reconstruction Company vs. The Official Liquidator (24 October 2017)

/ Abhay Manohar Sapre, Debt Recovery Tribunal, Judges, Limitation Act, 1963, Limitation Act, 1963 with Section 5, Navin Sinha, Ranjan Gogoi, Recovery of Debts and Bankruptcy Act, 1993, Recovery of Debts and Bankruptcy Act, 1993 with Section 24, Recovery of Debts and Bankruptcy Act, 1993 with Section 30

Date of the Judgment: 24 October 2017 Citation: (2017) INSC 942 Judges: Ranjan Gogoi, J., Abhay Manohar Sapre, J., Navin Sinha, J. Can the delay in filing an appeal against a Recovery Officer’s order under the Recovery of Debts and Bankruptcy Act, 1993 be condoned by applying Section 5 of the Limitation Act, 1963? This

Supreme Court settles Limitation Act applicability on appeals under Section 30 of Recovery of Debts and Bankruptcy Act: International Asset Reconstruction Company vs. The Official Liquidator (24 October 2017) Read Post »

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