Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002
13th Dec, 2021
In the matter of Electrosteel Castings Limited vs UV Asset Reconstruction Company Limited (CA 6669 OF 2021) decided by the Hon’ble Supreme Court on 28.11.2021. FACTS: In this case, the High Court had rejected a […]
19th Dec, 2018
The Delhi High Court affirmed that compliance of Section 13(3A) of the SARFAESI Act is mandatory however, the period of fifteen days provided to the lender for responding to the objections of the borrower is […]
23rd Oct, 2018
A peculiar situation came before the Bombay High Court in the matter of M/s Corporation Bank vs. Hon’ble Chief Metropolitan Magistrate (Writ Petition No. 11729/2018) which was decided on 22nd October, 2018. In this matter […]
2nd May, 2017
Madras High Court in the matter of R. Arumugasamy Vs Authorised officer; Review Petition no. 82 and 83 of 2016 held that where there is more than one property mortgaged with the secured creditor, it […]
9th May, 2016
The partial deposit before the DRAT as a pre-condition for considering the appeal on merits in terms of Section 18 of the Act, is not a secured asset. It is not a secured debt either, […]
3rd Apr, 2016
Writ petition under Article 226 of the Constitution should not be entertained when the alternate remedy is available under the Act, unless exceptional circumstances are made out. The writ remedy cannot be permitted to be […]
24th Feb, 2016
The Supreme Court was observed that the purpose of the two enactments is entirely different. The purpose of one is to provide ameliorative measures for reconstruction of sick companies, and the purpose of the other […]
31st Jan, 2016
Supreme Court held that a landlord cannot be permitted to do indirectly what he has been barred from doing under the Rent Control Act, more so when the two legislations, that is the SARFAESI Act and […]
2nd Jan, 2016
The required provisions of the Companies Act are incorporated in the SARFAESI Act for harmonizing the SARFAESI Act with the Companies Act in respect of dues of workmen and their protection under Section 529 A […]
12th Aug, 2015
The Supreme Court held that delay in filing an appeal under Section 18 (1) of the SARFAESI Act can be condoned by the Appellate Tribunal under proviso to Section 20 (3) of the RDB Act […]
28th Sep, 2014
The issue for discussion before the Court was that the appeal/ application under Section 17 of the SARFAESI Act is maintainable only before the DRT within whose jurisdiction the asset/property with respect to which the […]
29th Oct, 2013
A Civil Court has no jurisdiction to entertain any suit or proceedings in respect of matters falling under Section 13(4) of the Securitisation Act as such matters comes under the jurisdiction of the DRT and […]