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Supreme Court Reinstates Equitable Mortgage Claim, Emphasizes Evidentiary and Procedural Fairness
The Supreme Court reinstated an equitable mortgage claim, emphasizing the importance of evidentiary and procedural fairness. The Supreme...
Nov 16, 20243 min read
Tribunals Must Adhere to Statutory Mandates and Precedents: DRAT Sets Aside DRT Order for Lack of Legal Basis and Reasoning
DRAT sets aside the DRT order for lacking legal basis and reasoning, emphasizing adherence to statutory mandates and judicial precedents....
Nov 16, 20242 min read
Supreme Court Upholds Fairness in Public Auctions: Invalidates Sale Due to Procedural Lapses and Irregularities
The Supreme Court upheld the importance of fairness in public auctions by invalidating the sale due to procedural lapses under the...
Nov 16, 20243 min read
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
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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