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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


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


Borrowers Have No Vested Right to Extension Under OTS: High Court Upholds Bank’s Power to Cancel and Auction Secured Assets
Allahabad High Court ruled that borrowers have no vested right to extension under OTS; failure to comply within 180 days lapses the settlement, enabling banks to cancel and auction secured assets.
Sep 113 min read


Bank of Baroda Classifies Reliance Communications and Anil Ambani Loan Accounts as Fraud
Bank of Baroda has classified the loan accounts of Reliance Communications and Anil Ambani as fraudulent, citing forensic audit findings of irregularities and suspected fund diversion amid ongoing IBC proceedings and regulatory scrutiny.
Sep 52 min read


Failure to Execute Section 14 SARFAESI Orders Within Prescribed Time Will Attract Contempt: Punjab & Haryana High Court
P&H High Court holds that failure to execute Section 14 SARFAESI orders within the prescribed timeframe attracts contempt as such powers are ministerial.
Sep 43 min read


SC Collegium Recommends 26 Judges for Allahabad HC, Including SC Lawyers Garima Prashad & Swarupama Chaturvedi
The Supreme Court Collegium, on 1 September 2025, recommended the appointment of 26 individuals as judges of the Allahabad High Court, including four women and a balanced representation from the Bar and judiciary.
Sep 32 min read


Section 94 IBC Not Available to Personal Guarantors of Sole Proprietorship Firms – SARFAESI Recovery Proceedings Valid
MP High Court ruled that Section 94 IBC cannot be invoked by personal guarantors of sole proprietorship or partnership firms, validating SARFAESI recovery proceedings.
Aug 303 min read


Fresh Cause of Action for Each SARFAESI Enforcement Step Extends Limitation, Rules Allahabad High Court
Allahabad High Court ruled that each SARFAESI enforcement step extends limitation by creating a fresh cause of action, with the period computed from the last impugned measure, not the initial notice.
Aug 274 min read


DRAT Delhi Issues Notice on Filing Praecipe and Affidavit for Urgent Hearings Before DRAT Kolkata
DRAT Delhi issued a notice prescribing filing of a praecipe and affidavit confirming service for urgent hearing requests before DRAT Kolkata, ensuring procedural fairness and transparency.
Aug 221 min read


Tenancy Created After Mortgage Cannot Defeat Bank’s Rights Under SARFAESI Act: High Court Rules Possession Must Be Handed to Secured Creditor
Allahabad High Court held that tenancy created post-mortgage cannot defeat a bank’s rights under the SARFAESI Act, mandating delivery of possession to the secured creditor, with disputes triable only before the DRT.
Aug 213 min read
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