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The Interplay Between Limitation, SARFAESI Act, and IBC: A Critical Analysis
Introduction The realm of insolvency and bankruptcy law in India has witnessed significant developments since the introduction of the Insolvency and Bankruptcy Code (IBC) in 2016.
NPA Crisis in India: The SARFAESI Act as a Cornerstone in Addressing Non-Performing Assets
Introduction The Indian banking sector, once hailed as a pillar of the country’s economic growth, is currently grappling with a severe crisis. The surge in non-performing ass
Limited Scope of DRT Review in SARFAESI Proceedings: Analysis of DRAT Chennai Ruling
In a significant judgment that clarifies the scope of DRT review in SARFAESI Proceedings, the Debt Recovery Appellate Tribunal (DRAT) in Chennai has outlined the constraints within
DRAT Allahabad’s Judgment on State Bank of India Vs. Kush Kumar Verma and Anr.: Adherence to Procedural Norms – A Deep Dive
Introduction In a landmark judgment by the Debts Recovery Appellate Tribunal (DRAT) in Allahabad, presided over by Justice R.D. Khare, the case of State Bank of India vs. Kush Kuma
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
DRT under SARFAESI and RDB Acts: A Critical Examination in the Context of IDFC First Bank Limited v. Union of India and Ors.
The Delhi High Court recently delivered a seminal judgment in the case of *IDFC First Bank Limited v. Union of India and Ors.*, clarifying the jurisdictional bounds of the Debt Rec
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
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
Non-Banking Financial Companies under the SARFAESI Act: Legal Framework and Enforcement Mechanisms
Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) represents a pivotal transformation in I
