2024 SCC Vol. 6 Part 4
Arbitration and Conciliation Act, 1996 — Ss. 34 and 37 — Interference with award by Court: Law regarding limited jurisdiction of Court
SARFAESI Act
Whether Housing Finance Company can recover loan amount of less than ₹20 lakh under SARFAESI Act? MP High Court answers
MP High Court held that the writ petition is maintainable due to the pure legal questions involved regarding the applicability of SARFAESI Act provisions to HFCs for amounts below the Rs. 20 Lakhs threshold.
Upgradation of NPA Account – Whether Permissible After Issuance of Demand Notice under Section 13(2) of the Sarfaesi Act
by Prashant Tripathi† and Hrishitha Velore††
Reserve Bank of India issues Master Direction to Asset Reconstruction Companies
Reserve Bank of India issues Master Direction to ensure prudent and efficient functioning of Asset Reconstruction Companies
Decoding Mortgage Redemption in Banking
by Abhishek Saini†
Banks can forfeit entire earnest money and not just extent of loss suffered by it due to auction purchaser’s default: SC
Any dilution of the forfeiture provided under Rule 9(5) of SARFAESI Rules would result in entire auction process under SARFAESI Act being disregarded by mischievous auction purchasers through sham bids, thereby undermining the overall object of the Act of promoting financial stability, reducing NPAs and fostering a more efficient and streamlined mechanism for recovery of bad debts.
SAM advises UV Asset Reconstruction Company Limited in Enforcement of security interest against Burnpur Cement Limited
Shardul Amarchand Mangaldas advises UV Asset Reconstruction Company Limited (“UV”) in enforcement of security interest against Burnpur Cement Limited (“BCL”) in its
Delhi High Court| Remedy under Section 13(10) of SARFAESI Act cannot be considered as a remedy independent of the RDB Act
The Court is unable to accept that the legislative intent is to provide parallel regimes for the recovery of debts. The provisions of Section 13(10) of the SARFAESI Act, thus, cannot be interpreted in the manner as contended on behalf of the petitioner.
Sale Certificate under SARFAESI Act—Whether Registration Mandatory?
by Prashant Tripathi†
Whom to Pay First: A Critical Analysis of the Position of Secured Creditors in the Current Regime
by Govinda Asawa† and Pranay Agarwal††
Section 13(8) of SARFAESI Act| Right of redemption of mortgage extinguishes on publication of auction notice: Supreme Court
The respondents in the instant matter constituted the borrower, guarantor and the bank (secured creditor), while the appellants were the auction purchasers.
No bar in law for a secured creditor to directly proceed u/s 14 of SARFAESI Act after withdrawing measures taken u/s 13(4): Delhi High Court
“The scope of writ jurisdiction cannot be allowed to trounce the statutory obligation, on the stratagem of efficacious alternate remedy.”
Banks, Financial Institutions using recovery agents to forcibly seize vehicles over non-payment of loan is illegal: Patna High Court
The right to recovery of the Banks and Financial Institutions if pitted against the constitutional right of life of a person to live with dignity and not to be deprived of without following the established procedure of law, the constitutional rights of the person shall prevail.
NPA Classification ― Whether Opportunity of Prior Hearing Required?
by Prashant Tripathi†
Madhya Pradesh High Court directs DRT to register case against Tata Motors Finance Ltd.
Madhya Pradesh High Court held that no document needs to be provided for registering an application under S. 17 of the SARFAESI Act, when the same is not a condition precedent required under the said Section.
Non-signatory parties can be subjected to arbitration in accordance with Doctrine of Group of Companies: Delhi High Court
Delhi High Court held that non-signatory or third party could be subjected to arbitration proceedings without their prior consent. It was necessary to examine the touchstone of direct relationship of signatory parties to the arbitration agreement, forming part of a composite transaction.
Kerala High Court |Violation of SARFAESI Rules for Sale of property is under DRT’s Scope, beyond Article 226
Kerala High Court dismissed a petition seeking setting aside of sale of property conducted in violation of SARFAESI Rules, and saidthat the relief sought is within the scope of the Debt Recovery Tribunal, and not Article 226 of the Constitution of India.
Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order
Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.
SARFAESI Act recoveries with respect to the secured assets to prevail over the recoveries under the MSMED Act: Supreme Court
The Supreme Court considered the provisions of Section 15 to 23 read with Section 24 of the MSMED Act and the provisions of SARFAESI Act and stated that there is no repugnancy between the two enactments and no conflict between the specific subject of ‘priority' . It, hence, upheld the subsequent enactment of law with non-obstante clause in SARFAESI Act over MSMED Act.