SARFAESI Act 2002 Archives

police expense in getting possession of secured assets

Section 14 SARFAESI Act | Magistrate cannot direct secured creditor to bear police assistance expense in getting secured assets’ possession: Rajasthan High Court

“The police directed the petitioner to deposit Rs 6,34,383 for providing police assistance in taking possession of the secured asset whereas the loan amount to be recovered was only Rs 9,90,000.”

SCST Act cannot preclude bank's mortgage right

Case Briefs High Courts

‘SC/ST Act cannot be invoked to preclude exercise of bank’s rights pertaining to mortgage’: Delhi High Court

The National Commission for Scheduled Tribes issued summons to MD and CEO of Axis Bank Ltd. to appear ‘in person’ in complaint regarding alleged commission of atrocities against Respondent 2.

Op Eds OP. ED.

The Conundrum Relating to the Restricted Right of Appeal Available to Borrower under Section 18 of the SARFAESI Act, 2002 Owing to Mandatory Requirement of Pre-Deposit

by Pallav Saxena*

Op Eds OP. ED.

Resolution versus Penalisation: Is IBC Deviating from its Purpose?

by Shekhar Raj Sharma* and Akshita Grover**

Case Briefs High Courts

SARFAESI Act does apply to fishing vessels; Co-operative Banks have discretion to choose recovery methods: Calcutta High Court

“Definition analysis of ‘vessel’ includes fishing vessels under the Merchant Shipping Act, triggering Section 31(d) exemption.”

Case Briefs High Courts

Civil Court cannot have jurisdiction in matters covered under SARFAESI Act, 2002 just because fraud is alleged

Punjab and Haryana High Court: In this case, two revision petitions were disposed of together by a Single Judge Bench comprising of

Case Briefs Tribunals/Commissions/Regulatory Bodies

Insolvency and Bankruptcy Code, 2016 prevails over SARFAESI Act, 2002: NCLAT

National Company Law Appellate Tribunal (NCLAT): A two-member bench comprising of Justice S.J. Mukhopadhaya, Chairperson and Justice Bansi Lal Bhat, Member (Judicial),