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Provident Fund Dues Override SARFAESI Priority Even After Section 26E Registration
The Supreme Court held that security-interest registration under Section 23 gives Section 26E priority over all dues, but provident fund liabilities legally retain first-charge status and must be discharged before allocation of sale proceeds to secured debt.
Dec 6, 20254 min read


Guarantor Bound by Executed Guarantee: Appeal Dismissed for Lack of Contrary Evidence
DRAT Allahabad held that a guarantor who executed the guarantee cannot deny liability without producing contrary evidence.
Nov 29, 20253 min read


Supreme Court Reveals Attempt by Retired High Court Chief Justice to Influence NCLAT Judge; Accountability Now Rests with New CJI Surya Kant
The outgoing Chief Justice of India disclosed that a retired High Court Chief Justice had attempted to influence a judicial member of the NCLAT in a corporate matter. As the implicated judge retired before a formal inquiry could be commenced, the issue has been placed before the new CJI Surya Kant for administrative action.
Nov 24, 20253 min read


Supreme Court Strikes Down 25-Year Experience Requirement for Chartered Accountants as Tribunal Members
The Supreme Court clarified that Chartered Accountants cannot be required to possess 25 years of experience to be eligible for appointment as Technical Members in tribunals, declaring the requirement unconstitutional and extending parity with earlier rulings concerning advocates.
Nov 20, 20253 min read


Pre-Deposit Above Auction Price Without Written Justification Held Illegal Under Section 18 SARFAESI
The Kerala High Court held that a pre-deposit under Section 18 SARFAESI cannot exceed the auction value of the concerned asset and that any reduction from the mandatory 50% threshold must be supported by written reasons.
Nov 18, 20253 min read


High Court Holds: Auction Purchaser Cannot Claim Relief for Undisclosed Society Dues under ‘As Is Where Is’ Sale
The Allahabad High Court held that an auction purchaser buying property on an ‘as is where is’ basis assumes full responsibility for undisclosed liabilities and cannot seek relief for society dues discovered after the sale.
Nov 9, 20253 min read


Writ Jurisdiction Not Maintainable in SARFAESI Matters where Debts Recovery Tribunal has the Exclusive Remedy
Kerala High Court held that writ petitions under Article 226 are not maintainable in SARFAESI matters where an effective remedy before the DRT exists under Section 17.
Oct 17, 20254 min read


Supreme Court Mandates Timely Disposal of Securitisation Applications by DRT Under SARFAESI Act
The Supreme Court ruled that under Section 17(5) of the SARFAESI Act, DRTs must dispose of securitisation applications within sixty days, extendable to four months with recorded reasons, and directed strict compliance with the statutory timeline.
Oct 13, 20253 min read


RBI’s 15-Day Banking Rule: Ensuring Faster Claim Settlements and Enhanced Customer Experience
RBI’s 15-day banking rule mandates all banks to process key requests and claim settlements within 15 calendar days, strengthening transparency, accountability, and customer trust.
Oct 12, 20253 min read


Limitation Bar on Section 7 IBC Applications Where Prior Valid DRT Proceedings Exist — Section 14 Limitation Act Inapplicable
NCLAT held that Section 14 of the Limitation Act cannot be applied to extend limitation for a Section 7 IBC application where prior DRT proceedings were validly instituted, rendering such applications time-barred.
Oct 10, 20253 min read
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