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DRAT Quashes SARFAESI Auction for Rule 8 Violations, Rendering Sale Void
The DRAT Allahabad quashed a SARFAESI auction, holding that failure to issue proper notice and conduct fair valuation under Rule 8 renders the sale void and the creditor’s possession illegal.
Sep 18, 20254 min read


Supreme Court: Borrower Has No Vested Right to OTS; Claim Fails Without Mandatory Deposit
The Supreme Court ruled on 15 September 2025 that a borrower has no vested right to a One Time Settlement and that any claim fails if the mandatory deposit under the scheme is not made.
Sep 17, 20253 min read


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 14, 20254 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 13, 20253 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 11, 20253 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 5, 20252 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 4, 20253 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 3, 20252 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 30, 20253 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 27, 20254 min read
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