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Pre-Deposit for a DRAT Appeal Explained
For a borrower who has lost before the Debts Recovery Tribunal (DRT), filing an appeal is not just about preparing grounds and meeting the limitation period. A DRT appeal requires
DRT Original Application (OA): Meaning, Process and How to Defend It
When a bank seeks to recover a debt, it does not file a plaint before the ordinary civil court. Instead, it files an Original Application (OA) before the Debts Recovery Tribunal (D
DRT vs civil court for debt recovery: which forum applies
Not every unpaid debt is filed in the same forum. Understanding DRT vs Civil Court is essential when deciding where to initiate debt recovery proceedings in India. The Debts Recove
How to File a Section 17 Application Under the SARFAESI Act Before the DRT
The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) changes the traditional approach to debt recovery. A secured
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
District Magistrates under SARFAESI Act: Jurisdiction Clarity and Role in Facilitating Secured Asset Recovery
Introduction The intricacies of legal proceedings surrounding the SARFAESI Act recently took center stage in the Bombay High Court, illuminating the complex role of District Magist
Personal Insolvency Consequences in India: IBC Section 100 & Discharge
Introduction The landscape of insolvency and bankruptcy law in India underwent a paradigmatic transformation with the enactment of the Insolvency and Bankruptcy Code, 2016 (hereina
The SARFAESI Act: A Case Study on the Rights of Borrowers and Duties of Secured Creditors
Background The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is a significant piece of legislation in India th
Personal Insolvency Under IBC: Individual Bankruptcy in India
Introduction The Insolvency and Bankruptcy Code, 2016 represents a watershed moment in India’s insolvency jurisprudence, establishing a unified legislative framework to addre
