REEDArticles

Latest Legal and Scholarly Articles and Opinions on Bankruptcy laws pertaining to RDB Act and SARFAESI Act

Aug 27, 2021

Irretrievable prejudice would be done if bank guarantee is allowed to be encashed...

A Bank Guarantee (BG) is a common method of securing payment of money in commercial transactions because the beneficiary is entitled to receive the entire amount under th...

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Aug 22, 2021

Can the bank take borrower’s assets if it has defaulted on a personal loan?...

What happens if a borrower fails to repay a personal loan? In the case of a secured loan, such as a home or vehicle loan, the lender has the right to seize the collateral...

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Aug 17, 2021

Strengthening rights of banks as secured creditors...

A secured creditor is defined as a creditor in whose favour a security interest is created under section 3(30) of the IBC. Under section 3(31) of the Code, the phrase "Se...

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Jul 29, 2021

Comprehensive understanding of 'shell companies'...

Shell corporations or Shell companies are entities that do not have active business operations but are set up to achieve specific business goals such as lowering tax liab...

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Jul 23, 2021

Madras Bar Association v. Union of India - Full Bench of Supreme Court delivers concurrent...

A three-Judge bench of the Supreme Court of India in the case of Madras Bar Association v. Union of India, REED 2021 SC 07537, under Civil Original Jurisdiction, division...

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Jul 15, 2021

Bank Guarantee...

A Bank Guarantee is commonly a mode of securing payment of money, which involves commercial dealing as the beneficiary, under the guarantee, is entitled to claim the whol...

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Jul 13, 2021

Supreme Court’s ruling on Personal Guarantee provided immunity to the bankers...

Banks, armed with a Supreme Court ruling, may seek personal guarantees from tycoons ranging from Venugopal Dhoot to Kapil Wadhawan to collect outstanding loans from delin...

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Jul 9, 2021

Concept of Bad Bank and NPA settlement...

Bad bank is where a struggling financial institution can put assets it wants off its own books to eventually sell or unwind. While countries ...

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Jul 6, 2021

The need to restructure the old regime of insolvency law that causes creditors low recover...

Five years ago, India devised a legislative solution to its recurrent economic issue of rescuing money trapped in zombie businesses. India's poor use of its scarce domest...

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Jul 5, 2021

Borrower has remedy u/s 17 SARFAESI Act to file an appeal against action taken by secured ...

A Division Bench of the Gauhati High Court Chief Justice Sudhanshu Dhulia and Manash Ranjan Pathak, J. in the case of Kakoti Engineering Works and Another v. Punjab Natio...

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