2020 Roundup: 11 Constitution bench judgments, 17 judges, Zero dissent
♦ Did you know? In the year 2020, All the Constitution bench verdicts were unanimous with no dissenting opinion. 9 out of
SARFAESI
Does the remedy under Section 14 of SARFAESI Act becomes redundant if DM is unable to take possession of secured assets within time limit? Read what SC says
Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has upheld Kerala High Court’s decision holding
Del HC | Is the liability of Principal Borrower and Guarantor co-extensive? Court reiterates SC’s position on continuation of SARFAESI proceedings against Guarantor by banks
Delhi High Court: A Division Bench of Hima Kohli and Subramonium Prasad, JJ., considered the following question: Whether a bank/financial institution can institute
Kar HC | ‘He who comes for relief in equity must come with clean handsʼ; Petition dismissed
Karnataka High Court: P.S. Dinesh Kumar, J., rejects the petition seeking the writ of certiorari against the order of NCLT imposing heavy
Ker HC | Court entertains Art. 226 petition for last and final indulgence where alternate remedy under SARFAESI Act available
Kerala High Court: Raja Vijayaraghavan V., J., disposed of this writ petition filed under Article 226 of the Constitution of India. The
Approbation and reprobation on same facts not allowed; appellant taking stand under SARFAESI disallowed to change to Transfer of Property Act: SC
Supreme Court: A Bench comprising of CJ Ranjan Gogoi and Navin Sinha and K.M. Joseph, JJ. dismissed an appeal filed against the
Civil Court barred to entertain matter which DRT is empowered to adjudicate under SARFAESI
Bombay High Court: A Single Judge Bench comprising of A.S. Chandurkar, J. allowed a civil revision application filed by the tenant —
Courts should be cautious in granting ex-parte interim orders in financial matters
Supreme Court: Dealing with a matter under Section 13(4) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest
Inform debtor before commencing with auction sale of his security, Allahabad HC quashes DRAT order
Allahabad High Court: The petitioner before the Court appealed against the order of Debt Recovery Appellate Tribunal. The petitioner was serving in Punjab
Pre-deposit under S. 18 of SARFAESI Act to file an appeal before DRAT not a secured asset
Supreme Court: Deciding the question as to the fate of the deposit on the disposal of the appeal in case of an
SARFAESI Act, 2002 is unenforceable in the state of Jammu & Kashmir
Jammu and Kashmir High Court– Giving a landmark judgment regarding the applicability of the Securitisation and Reconstruction of Financial Assets and Enforcement