Introduction Date of the Judgment: February 28, 2025 Judges: Justices Sudhanshu Dhulia and Prashant Kumar Mishra Citation: 2025 INSC 288 When a business takes a loan for a project, can it be considered a “consumer” if something goes wrong with the bank’s service? The Supreme Court of India recently addressed this important question. This case […]
Supreme Court Upholds Auction, Settles Contempt in SARFAESI Act Case Date of the Judgment: 13 December 2024 Citation: (2024) INSC 978 Judges: J.B. Pardiwala, J., Manoj Misra, J. Can a borrower bypass the legal process and prevent a successful auction purchaser from taking possession of a property? The Supreme Court of India, in a recent
Supreme Court Upholds Setting Aside of Auction Sale Due to Procedural Lapses: Govind Kumar Sharma vs. Bank of Baroda (2024) Date of the Judgment: April 18, 2024 Citation: 2024 INSC 326 Judges: Justice Vikram Nath and Justice Satish Chandra Sharma Can a bank’s failure to follow mandatory procedure during an auction sale lead to its
Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions LEGAL ISSUE: Applicability of contract law principles to forfeiture of earnest money deposit under SARFAESI Act. CASE TYPE: Securitization and Asset Recovery Case Name: Central Bank of India vs. Shanmugavelu Judgment Date: 2 February 2024 Date of the Judgment: 2 February 2024 Citation: (2024) INSC
Supreme Court Dismisses Application for Sale Certificate in SARFAESI Act Case: Union Bank of India vs. Rajat Infrastructure (2023) Date of the Judgment: 04 October 2023 Citation: 2023 INSC 869 Judges: Aniruddha Bose, J., Bela M. Trivedi, J. (authored the judgment) Can a court extend the deadline for payment in a property auction under the
Supreme Court Upholds Auction Sale Over Prior Agreement: Vikram Kumar vs. State Bank of Hyderabad (2023) Date of the Judgment: May 2, 2023 Citation: Civil Appeal Nos. 3152-3153 of 2023 (@ SLP (Civil) Nos. 5973-5974 of 2018) Judges: M.R. Shah, J. and C.T. Ravikumar, J. Can a prior agreement to sell a property override a
Punjab & Sind Bank vs. Frontline Corporation Ltd.: Supreme Court Upholds SARFAESI Act Bar on Civil Court Jurisdiction (2023) LEGAL ISSUE: Whether a civil court can interfere with actions taken under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE: Securitisation Law. Case Name: Punjab &
Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE: Banking/Financial
Supreme Court Restricts High Court Interference in SARFAESI Act Cases: South Indian Bank Ltd. vs. Naveen Mathew Philip (2023) LEGAL ISSUE: Whether High Courts can interfere in matters related to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when an effective alternative remedy is available. CASE TYPE:
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 Upholds Auction Sale Despite Minor Property Description Error: Varimadugu Obi Reddy vs. B. Sreenivasulu & Ors. (2022) LEGAL ISSUE: Whether a minor error in the description of a mortgaged property in an auction notice invalidates the sale under the SARFAESI Act, 2002. CASE TYPE: Securitisation and Debt Recovery Case Name: Varimadugu Obi Reddy
Supreme Court Clarifies District Magistrate’s Role Under SARFAESI Act in Property Possession LEGAL ISSUE: Scope and jurisdiction of the District Magistrate under Section 14 of the SARFAESI Act. CASE TYPE: Securitisation and Asset Reconstruction Law Case Name: Balkrishna Rama Tarle Dead Thr LRS & Anr. vs. Phoenix ARC Private Limited & Ors. Judgment Date: 26
