top of page
Search


High Court Rules Magistrate Acts Only Ministerially Under Section 14 SARFAESI; Condition Protecting Third-Party Possession Quashed
Karnataka High Court ruled that a Magistrate exercising powers under Section 14 SARFAESI acts ministerially and cannot impose conditions protecting third-party possession; such claims lie before the DRT under Section 17.
Sep 203 min read


Suspension of Insolvency Professional for Excess Fees, Unapproved Outsourcing, and Delay under IBC Regulations
Delhi High Court ruled that an Insolvency Professional breaching IBC norms through excess fees, unapproved outsourcing, and delayed filings faces disciplinary suspension and recovery of improper payments.
Sep 194 min read


CoC’s Commercial Wisdom Shields Liquidation from Judicial Review under IBC Section 33(2)
NCLAT Chennai ruled that under Section 33(2) of the IBC, the Committee of Creditors’ decision to liquidate is conclusive and beyond judicial review after liquidation and creation of third-party rights.
Sep 193 min read


DRAT Quashes SARFAESI Auction for Rule 8 Violations, Rendering Sale Void
The DRAT Allahabad quashed a SARFAESI auction, holding that failure to issue proper notice and conduct fair valuation under Rule 8 renders the sale void and the creditor’s possession illegal.
Sep 184 min read


Supreme Court: Borrower Has No Vested Right to OTS; Claim Fails Without Mandatory Deposit
The Supreme Court ruled on 15 September 2025 that a borrower has no vested right to a One Time Settlement and that any claim fails if the mandatory deposit under the scheme is not made.
Sep 173 min read


Balance Sheet Acknowledgement Extends Limitation for Section 7 IBC Even Without a Loan Agreement: NCLAT
NCLAT ruled that acknowledgment of debt in a company’s balance sheet extends limitation for Section 7 IBC proceedings, even without a formal loan agreement.
Sep 174 min read


Supreme Court Bars Speculative Homebuyers from Section 7 IBC, Clarifies Allottee Criteria
The Supreme Court ruled that speculative homebuyers with buyback or assured return agreements cannot invoke Section 7 of the IBC, affirming that only genuine allottees qualify to initiate insolvency proceedings.
Sep 164 min read


Secured Creditor Entitled to Invoke Section 14 SARFAESI Act for Physical Possession Even After Sale: Calcutta HC
The Calcutta High Court held that a secured creditor may invoke Section 14 of the SARFAESI Act even after sale, and the District Magistrate’s role is executory, limited to ensuring physical possession, without adjudicatory powers.
Sep 144 min read


Personal Guarantors’ Hearing Rights and Natural Justice in Resolution Professional Report
The NCLAT Chennai Bench held that the Resolution Professional’s report under Section 99 of the IBC is recommendatory, and personal guarantors’ hearing rights apply only at Section 100 adjudication, validating proceedings without a Section 99 hearing.
Sep 134 min read


No Adjudicatory Role of District Magistrate Under SARFAESI; Functions Purely Ministerial
The Rajasthan High Court ruled that the District Magistrate’s role under Section 14 of the SARFAESI Act is purely ministerial, limited to verifying compliance and facilitating possession, without authority to adjudicate disputes.
Sep 133 min read
bottom of page