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Unregistered Agreements and Unsupported Claims Cannot Override SARFAESI Proceedings or Create Enforceable Rights
DRAT held that unregistered agreements and unsupported claims did not override SARFAESI proceedings or create enforceable rights over the...
Nov 15, 20243 min read


DRAT Invalidates Auction Due to Non-Compliance with 30-Day Notice Requirement Under Rule 8(6) of SARFAESI Act
he DRAT invalidated the auction due to the bank's non-compliance with the 30-day notice requirement under Rule 8(6) of the SARFAESI Act....
Nov 15, 20242 min read


Determination of Disputed Claims and Partial Settlements Lies with NCLT When Further Examination of Evidence is Required
The NCLAT directed the NCLT to conduct a detailed examination of evidence regarding disputed claim settlements and proceed with further...
Nov 15, 20242 min read


CoC's Discretion to Opt for Liquidation Upheld by NCLAT: Judicial Review Limited in Absence of Irregularity
NCLAT affirmed the CoC’s decision to liquidate, emphasizing that judicial review was limited in the absence of procedural irregularities....
Nov 14, 20243 min read


Supreme Court Clarifies Limited Scope of Judicial Scrutiny Under Section 11 of the Arbitration and Conciliation Act, 1996, Emphasizing Prima Facie Existence of Arbitration Agreement
The Supreme Court clarified the limited scope of judicial scrutiny under Section 11 of the Arbitration and Conciliation Act, 1996,...
Nov 14, 20243 min read


DRAT Affirms Auction Proceedings, Rejecting Ownership and Demarcation Claims for Lack of New Evidence and Clear Boundary Distinctions
The DRAT affirmed the auction proceedings, rejecting the appellant's claims of ownership and improper demarcation due to a lack of new...
Nov 14, 20242 min read


DRAT Affirms Validity of Equitable Mortgage and Lawful SARFAESI Proceedings Despite Borrowers’ Post-Default Objections
The DRAT upheld the validity of the equitable mortgage and the legality of SARFAESI proceedings, dismissing the borrowers' objections...
Nov 14, 20243 min read


Personal Guarantor Held Liable for Outstanding Loan of ₹238.34 Crores Despite Ongoing CIRP Proceedings Against Corporate Guarantor
The personal guarantor was held liable for the outstanding loan of ₹238.34 crores, despite the ongoing Corporate Insolvency Resolution...
Nov 14, 20242 min read


Failure to Serve Auction Notice to Borrower Before Publication Violates Redemption Rights, Renders the Auction Void under the SARFAESI Act
DRT held that the failure to serve the auction notice to the borrower before its publication violated the borrower's right to redeem the...
Nov 13, 20243 min read


Supreme Court Affirms Limited Redemption Rights under SARFAESI Act Post-Auction Notice, Reinforcing Auction Finality and Debt Recovery Mechanisms
The Supreme Court held that the borrowers' right to redeem the mortgage is extinguished upon the publication of the auction notice under...
Nov 13, 20243 min read
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