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 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
Supreme Court Upholds SARFAESI Act: Phoenix ARC Wins Against Vishwa Bharati Vidya Mandir (2022) LEGAL ISSUE: Maintainability of writ petitions against private Asset Reconstruction Companies (ARCs) under Article 226 of the Constitution of India concerning actions under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:
Supreme Court Prioritizes Employee Dues over Secured Creditor in SARFAESI Act Case: Maharashtra State Co-operative Bank Ltd. vs. Babulal Lade (2019) LEGAL ISSUE: Whether employee dues can take precedence over the claim of a secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). CASE TYPE:
Supreme Court Clarifies Tenant Rights Under SARFAESI Act: Bajarang Agarwal vs. Central Bank of India (2019) LEGAL ISSUE: The interplay between the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) and the rights of tenants, particularly concerning eviction from mortgaged properties. CASE TYPE: Real Estate/Mortgage Law, focusing on
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
