SARFAESI Act Archives

Raj HC | Writ Petition not maintainable due to having an alternative and efficacious remedy under S. 17 of the SARFAESI Act

Rajasthan High Court: Mahendar Kumar Goyal, J. dismissed the writ petition in view of availability of alternative remedy to the petitioners under

Case Briefs Supreme Court

Reduction in stamp duty cannot lead to revenue splitting an instrument into two once it has already been charged under a correct charging provision: Supreme Court

Supreme Court: While dealing with a case under the Gujarat Stamp Act, 1958, the bench of Hemant Gupta and V. Ramasubramanian*, JJ has held that

Case Briefs Supreme Court

When 25% of the bid is already paid, whether failure to deposit the remaining 75% empowers the Bank to direct forfeiture of money even when Bank suffered no loss in subsequent auction? SC answers

Supreme Court: The Division Bench comprising of M.R. Shah and B.V. Nagarathna, JJ., directed the Indian Bank to refund the 25% auction

Case Briefs High Courts

Property of dead person sold in auction: Is it bad in law? All HC elaborates

Allahabad High Court: Siddhartha Varma, J., while deciding a matter with regard to the auction of the property of a dead person

Case Briefs Supreme Court

Rent Act would not come to the aid of a “tenant-in-sufferance” vis-à-vis SARFAESI Act due to operation of S. 13(2) read with S. 13(13) of SARFAESI Act: SC

Supreme Court: The Division Bench of S. Abdul Nazeer and Krishna Murari, JJ., addressed a pertinent issue of whether the rent act

Case Briefs High Courts

Bom HC | Denial of urgent hearing by DRT: Court says opportunity of hearing is integral part of constitutional philosophy well embedded in Arts. 14 and 21

Bombay High Court: The Division Bench of Sunil B. Shukre and Anil S. Kilor, JJ., held that mandate of Section 34 leaves

Case Briefs High Courts

Telangana HC | If the bank sends sale notice following due procedure on the addresses mentioned in loan agreement, will the same amount to ‘service’ under Security Interest (Enforcement) Rules? Read on

Telangana High Court: The Division Bench of A. Rajasheker Reddy and T. Vinod Kumar, JJ., dismissed a petition challenging the sale notice

Case Briefs High Courts

Ker HC | After appointment of Sole Arbitrator, it is up to the Arbitrator to consider the question as to whether appellant would be entitled to claim any interim measure of protection under S. 17 of Arbitration and Conciliation Act, 1996; HC cannot interfere

Kerala High Court: T.V. Anilkumar, J., dismissed the present Appeal against the impugned order of Additional District Court whereby the Court refused

Case Briefs High Courts

Ker HC | [SARFAESI Act] Whether the State has better right in comparison to Banks and other Financial Institutions over secured assets for recovery of its dues; legal position reiterated

Kerala High Court: A.M. Badar J., allowing the present petition, quashes the attachment made by the State authorities to recover tax dues.

Case Briefs High Courts

Ker HC | Can demand notices issued under S. 13(2) of SARFAESI Act be challenged invoking writ jurisdiction of High Courts? Court considers

Kerala High Court: A.M. Badar, J., while addressing the instant matter held that, demand notices under Section 13(2) of the SARFAESI Act can

Case Briefs High Courts

Ori HC | Are private banking companies discharging banking services amenable to writ jurisdiction? HC analyses

Orissa High Court: Biswajit Mohanty J., dismissed the petition being non-maintainable. The facts of the case are such that the petitioner took

Case Briefs High Courts

Jhar HC | Loan by financial institutions is in the nature of ‘public money’; Writ Petition not maintainable as alternative remedy available under S. 17 of SARFAESI Act if aggrieved due to action taken by ‘State’ under S. 13/14 of the Act

Jharkhand High Court: Rajesh Shankar, J. dismissed the petition on grounds of non-maintainability. The facts of the case are such that the

Case Briefs Supreme Court

Transferee has to pay the outstanding dues if he desires to enjoy the Electricity connection

Supreme Court: The bench of Sanjay Kaul and KM Joseph, JJ. has held that electricity dues, where they are statutory in nature

Case Briefs Supreme Court (Constitution/Larger Benches)

SARFAESI Act applicable to Cooperative Banks: Constitution Bench

Supreme Court: The 5-judge bench of Arun Mishra, Indira Banerjee, Vineet Saran, MR Shah and Aniruddha Bose, JJ has held that “’banking’

Case Briefs High Courts

Madras HC | Writ petition challenging Sale Certificate issued in proceedings under SARFAESI Act not maintainable

Madras High Court: A Bench of V.K.Tahilramani, CJ and M. Duraiswamy, J. dismissed a writ petition filed under Article 226 seeking to quash

Case Briefs High Courts

Madras HC | Court cannot suo motu return a suit at threshold on the ground that parties had agreed to refer all disputes to arbitration

Madras High Court: P.T. Asha, J., held that Section 8 of the Arbitration Conciliation Act, 1996 clearly indicate that the role of judicial

Case Briefs High Courts

P&H HC | DRT has jurisdiction under S. 5 of Limitation Act to condone delay if application filed with Securitization Application

Punjab and Haryana High Court: This petition was filed before a Division Bench of Amit Rawal and Arun Kumar Tyagi, JJ. against

Case Briefs High Courts

Chief Judicial Magistrate is authorized to entertain applications under Section 14 of the SARFAESI Act, 2002: Kerala HC

Kerala High Court: A Single Judge Bench comprising of Devan Ramachandran, J. dismissed a civil writ petition calling into question the statutory

Case Briefs High Courts

Jurisdictionally bereft from hearing matter under SARFAESI Act on merits, Kerala HC allows defaulter to repay bank in installments

Kerala High Court: A Single Judge Bench comprising of Devan Ramachandran, J. was seized of a civil writ petition filed by a

Case Briefs High Courts

Contractual terms cannot be altered by virtue of Article 226 of the Constitution of India

Kerala High Court: A Single Judge Bench of Dama Seshadri Naidu, J., decided a writ petition wherein it held that the jurisdiction