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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 184 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 173 min read


Balance Sheet Acknowledgement Extends Limitation for Section 7 IBC Even Without a Loan Agreement: NCLAT
NCLAT ruled that acknowledgment of debt in a company’s balance sheet extends limitation for Section 7 IBC proceedings, even without a formal loan agreement.
Sep 174 min read


Supreme Court Bars Speculative Homebuyers from Section 7 IBC, Clarifies Allottee Criteria
The Supreme Court ruled that speculative homebuyers with buyback or assured return agreements cannot invoke Section 7 of the IBC, affirming that only genuine allottees qualify to initiate insolvency proceedings.
Sep 164 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 144 min read
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