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Unregistered Tenancy Claims Fail Against Secured Creditors Under the SARFAESI Act: Tenant Deemed in Sufferance
DRAT Dismissed the Appeal, Holding Unregistered Tenancy Claims Invalid Against Secured Creditors Under the SARFAESI Act, With the Tenant...
Nov 25, 20243 min read


Mandatory Notice Period Violation Invalidates Auction Sale Under SARFAESI Act
DRAT held that the violation of the mandatory notice period under the SARFAESI Act rendered the auction sale invalid. The Debts Recovery...
Nov 25, 20243 min read


Priority of Secured Creditor's Charge Under the SARFAESI Act Prevails Over Subsequent Purchaser's Claims
DRAT held that the priority of the secured creditor's charge under the SARFAESI Act prevailed over the claims of a subsequent purchaser...
Nov 24, 20242 min read


Lease Deed Executed Without Secured Creditor's Consent Held Invalid Under SARFAESI Act
DRAT held that a lease deed executed without the secured creditor's consent was invalid under the SARFAESI Act. The Debts Recovery...
Nov 23, 20243 min read


Unregistered Tenancy Rights Cannot Prevail Over Secured Creditors’ Claims Under the SARFAESI Act: Supreme Court Ruling
The Supreme Court ruled that unregistered tenancy rights could not prevail over secured creditors’ claims under the SARFAESI Act. The...
Nov 23, 20242 min read


DRAT Condones Delay, Sets Aside DRT Order, and Remands Restoration Application for Fresh Consideration on Merits
DRAT condoned the delay, set aside the DRT order, and remanded the restoration application for fresh consideration on merits. The Debts...
Nov 23, 20243 min read


DRAT Upholds Validity of Auction Sale, Dismisses S.A. for Failure to Timely Challenge Notices under SARFAESI Act
DRAT upheld the validity of the auction sale and dismissed the S.A. for the failure to timely challenge the notices under the SARFAESI...
Nov 22, 20243 min read


Bank Liable to Refund Payment Accepted Towards Sale Consideration Without Enforceable Agreement: DRAT
The DRAT held that the bank was liable to refund the payment it had accepted as sale consideration in the absence of an enforceable...
Nov 22, 20242 min read


DRT’s Discretion Upheld: Simple Interest Granted for Post-OA Period in Recovery Certificate
The DRAT upheld the DRT's discretion in granting simple interest for the post-OA period in the Recovery Certificate. The Debts Recovery...
Nov 22, 20242 min read


District Magistrate's Role Under Section 14 of SARFAESI Act is Ministerial, Not Adjudicatory: Appeal Dismissed
The District Magistrate's role under Section 14 of the SARFAESI Act was deemed ministerial and not adjudicatory, leading to the dismissal...
Nov 21, 20243 min read
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