Security Interest (Enforcement) Rules, 2002

Supreme Court Upholds Setting Aside of Auction Sale Due to Procedural Lapses: Govind Kumar Sharma vs. Bank of Baroda (2024)

/ Debt Recovery, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 17, Security Interest (Enforcement) Rules, 2002

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 Setting Aside of Auction Sale Due to Procedural Lapses: Govind Kumar Sharma vs. Bank of Baroda (2024) Read Post »

Supreme Court Dismisses Application for Sale Certificate in SARFAESI Act Case: Union Bank of India vs. Rajat Infrastructure (2023)

/ Civil Procedure Code, Civil Procedure Code with Section 148, Constitutional Law, Constitutional Law with Article 142, SARFAESI Act, 2002, SARFAESI Act, 2002 with Rule 9, Security Interest (Enforcement) Rules, 2002

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 Dismisses Application for Sale Certificate in SARFAESI Act Case: Union Bank of India vs. Rajat Infrastructure (2023) Read Post »

Supreme Court Upholds Auction Sale Despite Minor Property Description Error: Varimadugu Obi Reddy vs. B. Sreenivasulu & Ors. (2022)

/ Ajay Rastogi, C.T. Ravikumar, Judges, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 13(4), Security Interest (Enforcement) Rules, 2002, Security Interest (Enforcement) Rules, 2002 with Rule 9(4), Security Interest (Enforcement) Rules, 2002 with Rule 9(5)

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 Upholds Auction Sale Despite Minor Property Description Error: Varimadugu Obi Reddy vs. B. Sreenivasulu & Ors. (2022) Read Post »

Supreme Court Upholds SARFAESI Act: Phoenix ARC Prevails Over Borrowers in Loan Recovery Dispute (12 January 2022)

/ B.V. Nagarathna, Constitutional Law, Constitutional Law with Article 226, Judges, M.R. Shah, SARFAESI Act, 2002, SARFAESI Act, 2002 with Section 13(2), SARFAESI Act, 2002 with Section 17, Security Interest (Enforcement) Rules, 2002

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: Phoenix ARC Prevails Over Borrowers in Loan Recovery Dispute (12 January 2022) Read Post »

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368

/ Auction Sales, Electricity Act, 2003, Electricity Act, 2003 with Section 56, Electricity Dues, Judges, K.M. Joseph, Sanjay Kishan Kaul, SARFAESI Act, 2002, Security Interest (Enforcement) Rules, 2002

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368 Date of the Judgment: June 01, 2020 Citation: (2020) INSC 368 Judges: Sanjay Kishan Kaul, J. and K.M. Joseph, J. Can an auction purchaser be held liable for the previous electricity

Supreme Court settles liability for previous electricity dues in auction sales: Telangana State Southern Power Distribution Company Limited vs. Srigdhaa Beverages (2020) INSC 368 Read Post »

Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (23 September 2019)

/ Aniruddha Bose, Contempt of Court, Deepak Gupta, Enforcement of Court Orders, Interim Orders, Judges, Non-Compliance of Court Orders, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13, Security Interest (Enforcement) Rules, 2002

Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (2019) LEGAL ISSUE: Whether a party is in contempt of court for not complying with an earlier order to pay a specific amount. CASE TYPE: Contempt of Court Case Name: Kotak Mahindra Bank Limited vs. Mr. Sanjiv Gupta & Others Judgment Date:

Supreme Court Directs Payment in Contempt Case: Kotak Mahindra Bank vs. Sanjiv Gupta (23 September 2019) Read Post »

Supreme Court clarifies timeline for balance payment in property auction under SARFAESI Act: Rakesh Birani vs Prem Narain Sehgal (21 March 2018)

/ Arun Mishra, Enforcement of Security Interest, Judges, SARFAESI Act with Rule 9, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Security Interest (Enforcement) Rules, 2002, Security Interest (Enforcement) Rules, 2002 with Rule 9(2), Security Interest (Enforcement) Rules, 2002 with Rule 9(4), Uday Umesh Lalit

Supreme Court Clarifies Timeline for Balance Payment in Property Auction under SARFAESI Act LEGAL ISSUE: Determining the commencement date for the 15-day period to deposit the remaining 75% of the auction amount in a property sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. CASE TYPE: Securitisation and

Supreme Court clarifies timeline for balance payment in property auction under SARFAESI Act: Rakesh Birani vs Prem Narain Sehgal (21 March 2018) Read Post »

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