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Condonation of Delay in Filing an Appeal
An appeal filed after the limitation period is not automatically barred, but it cannot be admitted as a matter of right. Condonation of delay in filing an appeal requires the appel
Appeal vs Revision vs Review: The Differences
Three remedies are commonly available against an adverse civil decision: appeal, review, and revision. They are often confused, but each differs in the court that hears it, the gro
Specific Performance of a Contract: When Courts Grant It?
When a contract is breached, damages are ordinarily the primary remedy. However, specific performance of a contract may require the defaulting party to perform what it promised, su
Temporary Injunction: How to Obtain a Stay (Order 39 CPC)
A civil suit can take time to reach a final decision. During that period, a defendant may sell the disputed property, demolish a structure, dispose of goods, or take other steps th
SARFAESI Section 13(2) and 13(4) notice: a borrower’s options
Two stages define the enforcement process under the SARFAESI Act, 2002: the Section 13(2) SARFAESI notice and the measures taken under Section 13(4). They serve different purposes,
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 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 stop a bank auction under SARFAESI
By the time a borrower sees an auction notice for a mortgaged property, the enforcement process is already well advanced. The account has been classified as a non-performing asset,
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
How to get a stay order from the High Court
A stay order is the most sought-after form of interim relief in the High Court, and the most misunderstood. Litigants often speak of “getting a stay” as though it were
