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 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
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 quashes High Court order in SARFAESI Act case: Kotak Mahindra Bank vs. Narendra Jayantilal Trivedi (2022) Date of the Judgment: May 13, 2022 Citation: 2022 INSC 487 Judges: M.R. Shah, J. and B.V. Nagarathna, J. Can a High Court grant interim relief that effectively stalls recovery proceedings under the Securitisation and Reconstruction of
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 Upholds SARFAESI Act: Phoenix ARC Prevails Over Borrowers in Loan Recovery Dispute LEGAL ISSUE: Maintainability of writ petitions against private Asset Reconstruction Companies (ARCs) in matters related to the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act. CASE TYPE: Securitisation and Asset Reconstruction Law Case Name: Phoenix ARC
Supreme Court Upholds SARFAESI Act, Limits High Court Intervention in Loan Recovery: State Bank of Travancore vs. Mathew K.C. (2018) Date of the Judgment: January 30, 2018 Citation: 2018 INSC 75 Judges: Rohinton Fali Nariman, J., Navin Sinha, J. Can a High Court interfere with loan recovery proceedings initiated under the Securitisation and Reconstruction of
