Section 14 of SARFAESI Act Archives

Sole proprietorship firm don’t fall under definition of “debtor” under S. 94 of IBC; MP High Court refuses to halt recovery proceedings

“Section 94 of IBC gives remedy to “debtor’ only to either apply personally or through a Resolution Professional to the Adjudicating Authority for initiating the insolvency resolution process.”

Case Briefs High Courts

Magistrate’s jurisdiction under S. 14 of SARFAESI Act doesn’t involve adjudication; passing orders in printed format with just filled-in details is unjustifiable: Kerala HC

“The power under Section 14 of SARFAESI Act has significant consequences, which is why it is entrusted to high-ranking officials like the District Magistrate or Chief Judicial Magistrate.”

Case Briefs High Courts

Raj HC | Writ Petition not maintainable against S. 14 of SARFAESI Act as alternative remedies for the same can be availed

Rajasthan High Court: Ashok Kumar Gaur, J. was hearing a petition on the issue pertaining to taking possession of the mortgaged property