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Forfeiture of Earnest Money: Legal Insights in SARFAESI Proceedings
Introduction The recent Supreme Court judgment addressing appeals concerning the forfeiture of earnest money deposit by a Nationalized Bank in a property auction under the Securiti
How Tribunals Decide What Qualifies as Financial Debt under the IBC: Deposits, Guarantees and Assured Returns
Two creditors may be owed identical sums by the same company and yet occupy entirely different positions in its insolvency: one sits on the committee of creditors and votes on the
Is a Profit-Sharing Investment a Financial Debt under the IBC? Joint Ventures, Section 5(8) and the Realpro Realty Decision
Two parties pool money to develop a property. One puts in seventy-five per cent, the other twenty-five. They share costs, profits and losses in the same ratio. The document calls t
A SARFAESI Auction That Closed Before the Moratorium: What Haldiram Incorporation Actually Decided
A bank enforces its security under the SARFAESI Act, sells the mortgaged property at auction, and issues a sale certificate. Days later, the borrower is admitted into insolvency an
Agricultural Land Under the SARFAESI Act: A Comprehensive Legal Analysis
Introduction The Indian banking sector has long grappled with the challenge of recovering non-performing assets while navigating complex legal frameworks that protect certain categ
IRAC Norms RBI: NPA Classification and Provisioning Framework
Introduction The Indian banking sector has undergone significant regulatory transformation with the Reserve Bank of India’s landmark notification dated November 12, 2021, con
DRT Pecuniary Jurisdiction: ₹20 Lakh Threshold Explained
Introduction The intersection of debt recovery mechanisms and banking regulations in India has always been a subject of intense legal scrutiny. Among the most significant aspects o
IBC Section 96 Moratorium vs. Section 138 NI Act: Recent SC Position
Introduction The intersection of insolvency law and criminal liability for dishonoured cheques represents one of the most complex and evolving areas of Indian commercial jurisprude
RBI Guidelines on Quashing SARFAESI Proceedings for Non-Compliance under SARFAESI Act 2002
Introduction The banking sector in India faces persistent challenges with non-performing assets that threaten the stability of financial institutions. To address these concerns, Pa
Borrower’s Right to Redeem Mortgage Under SARFAESI Act: Supreme Court’s Landmark Ruling on the Extinguishment of Redemption Rights Upon Auction Notice Publication
Introduction The Supreme Court of India delivered a watershed judgment in September 2023 that significantly clarified the boundaries of a borrower’s right to redeem mortgage
