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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


Borrower’s Redemption Rights Extinguished on Auction Notice Under Amended Section 13(8) SARFAESI Act
NCLAT ruled that a borrower’s redemption right under amended Section 13(8) of the SARFAESI Act ends once the auction notice is issued, rendering subsequent sales immune from challenge under the IBC even during moratorium, thereby safeguarding secured creditor actions and public auction integrity.
Oct 9, 20255 min read


DRAT Empowered to Reduce Interest Granted by DRT under Section 19(20): Rajasthan High Court
The Rajasthan High Court upheld DRAT’s discretion under Section 19(20) of the RDB Act to reduce interest granted by DRT, ruling that a reasoned exercise of such discretion cannot be interfered with in writ jurisdiction.
Oct 6, 20253 min read


Bank’s Failure to Disclose Encumbrances of Property in Auction Notice Renders Sale Invalid, Supreme Court Orders Refund
The Supreme Court held that a bank-conducted auction of leasehold property without disclosure of the lessor’s statutory dues and mandatory consents is void, directing a refund to the purchaser under Rule 53 of the Income Tax Act read with Section 29 of the Recovery of Debts and Bankruptcy Act.
Sep 26, 20254 min read


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 20, 20253 min read
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