Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Archives

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

September 23, 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 Jurisdiction in Mortgage Disputes Under SARFAESI Act: State Bank of India vs. Allwyn Alloys Pvt. Ltd. (2018)

May 17, 2018 / A.M. Khanwilkar, D.Y. Chandrachud, Dipak Misra, Judges, 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 34

Supreme Court Clarifies Jurisdiction in Mortgage Disputes Under SARFAESI Act: State Bank of India vs. Allwyn Alloys Pvt. Ltd. (2018) Date of the Judgment: May 17, 2018 Citation: 2018 INSC 445 Judges: Dipak Misra, CJI, A.M. Khanwilkar, J., Dr. D.Y. Chandrachud, J. Can a civil court interfere in matters related to secured assets under the

Supreme Court Clarifies Jurisdiction in Mortgage Disputes Under SARFAESI Act: State Bank of India vs. Allwyn Alloys Pvt. Ltd. (2018) Read Post »

Supreme Court Allows Appeal Against DRT Order in Securitisation Act Case: M/S. Neel Enterprises vs. State Bank of India (2018)

May 10, 2018 / Condonation of Delay, Debt Recovery Tribunal, Judges, Kurian Joseph, Mohan M. Shantanagoudar, 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(2)

Supreme Court Allows Appeal Against DRT Order in Securitisation Act Case: M/S. Neel Enterprises vs. State Bank of India (2018) Date of the Judgment: May 10, 2018 Citation: M/S. Neel Enterprises & Anr. vs. State Bank of India & Anr., Civil Appeal No. 4989 of 2018 (Arising out of SLP(C) No. 7085/2016) Judges: Kurian Joseph,

Supreme Court Allows Appeal Against DRT Order in Securitisation Act Case: M/S. Neel Enterprises vs. State Bank of India (2018) Read Post »

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

March 21, 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 »

Supreme Court Upholds Auction Sale of Hotel, Clarifies Section 13(3A) of SARFAESI Act: ITC vs. Blue Coast Hotels (2018)

March 19, 2018 / Code of Civil Procedure, Code of Civil Procedure with Order 21, Judges, L. Nageswara Rao, S. A. Bobde, 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(2), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 13(3A), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 31(i)

Supreme Court Upholds Auction Sale of Hotel, Clarifies Section 13(3A) of SARFAESI Act: ITC vs. Blue Coast Hotels (2018) LEGAL ISSUE: Whether the failure to reply to a borrower’s representation under Section 13(3A) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) invalidates subsequent actions by the

Supreme Court Upholds Auction Sale of Hotel, Clarifies Section 13(3A) of SARFAESI Act: ITC vs. Blue Coast Hotels (2018) Read Post »

Supreme Court clarifies remedy against forfeiture of deposit under SARFAESI Act: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors. (27 November 2017)

November 27, 2017 / Abhay Manohar Sapre, Judges, R.K. Agrawal, 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(4), Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with Section 17, Security Interest (Enforcement) Rules, 2002 with Rule 9(5)

LEGAL ISSUE: Whether an auction purchaser can challenge the forfeiture of deposit under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) by filing an application before the Debt Recovery Tribunal (DRT). CASE TYPE: Securitisation Law Case Name: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors.

Supreme Court clarifies remedy against forfeiture of deposit under SARFAESI Act: Agarwal Tracom Pvt. Ltd. vs. Punjab National Bank & Ors. (27 November 2017) Read Post »

Supreme Court directs sequential sale of assets in recovery case: Girish Sangappa Jaggal vs. Union of India (21 July 2017)

July 21, 2017 / Judges, Kurian Joseph, R. Banumathi, Recovery of Dues, Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Writ Petition

Date of the Judgment: 21 July 2017 Citation: Not Available Judges: Kurian Joseph, J. and R. Banumathi, J. Can a court direct a specific order for the sale of a debtor’s assets? The Supreme Court addressed this question in a case involving a bank’s recovery of dues. This case highlights the court’s intervention to ensure

Supreme Court directs sequential sale of assets in recovery case: Girish Sangappa Jaggal vs. Union of India (21 July 2017) Read Post »