SARFAESI Act, 2002 with Section 35

Supreme Court Clarifies Forfeiture of Earnest Money in SARFAESI Auctions: Central Bank of India vs. Shanmugavelu (2024) INSC 80 (2 February 2024)

/ Indian Contract Act, 1872, Indian Contract Act, 1872 with Section 73, Indian Contract Act, 1872 with Section 74, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(4), SARFAESI Act, 2002 with Section 35, SARFAESI Act, 2002 with Section 37

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 Clarifies Forfeiture of Earnest Money in SARFAESI Auctions: Central Bank of India vs. Shanmugavelu (2024) INSC 80 (2 February 2024) Read Post »

Supreme Court Upholds SARFAESI Act Invocation by Successor-in-Interest in Indiabulls Housing Finance vs. Deccan Chronicle Holdings (2018)

/ A.K. Sikri, Arbitration and Conciliation Act, 1996, Arbitration and Conciliation Act, 1996 with Section 9, Ashok Bhushan, Judges, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 2(1)(f), SARFAESI Act, 2002 with Section 35

Supreme Court Upholds SARFAESI Act Invocation by Successor-in-Interest in Indiabulls Housing Finance vs. Deccan Chronicle Holdings (2018) LEGAL ISSUE: Whether a successor-in-interest, like Indiabulls Housing Finance Limited, can invoke the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) when the original lender, Indiabulls Financial Services Limited (IBFSL), was

Supreme Court Upholds SARFAESI Act Invocation by Successor-in-Interest in Indiabulls Housing Finance vs. Deccan Chronicle Holdings (2018) 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 »

Scroll to Top