SARFAESI Act, 2002

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 »

Supreme Court allows simultaneous SARFAESI and arbitration proceedings in loan recovery: M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (21 September 2017)

/ Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 37(2)(b), Judges, Rohinton Fali Nariman, Sanjay Kishan Kaul, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13, SARFAESI Act, 2002 with Section 35, SARFAESI Act, 2002 with Section 37

LEGAL ISSUE: Whether arbitration and SARFAESI proceedings can occur simultaneously and if the SARFAESI Act applies to debts existing before the Act’s application to a Non-Banking Financial Company (NBFC). CASE TYPE: Loan Recovery/Banking Law Case Name: M.D. Frozen Foods Exports Pvt. Ltd. & Ors. vs. Hero Fincorp Ltd. Judgment Date: 21 September 2017 Can a

Supreme Court allows simultaneous SARFAESI and arbitration proceedings in loan recovery: M.D. Frozen Foods Exports Pvt. Ltd. vs Hero Fincorp Ltd. (21 September 2017) Read Post »

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