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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
What is a Letters Patent Appeal (LPA) in the Gujarat High Court
A Letters Patent Appeal is an appeal from one part of a High Court to another. It is an intra-court appeal: a Division Bench of the same High Court hears a challenge to a judgment
Provisional Attachment Under PMLA Section 5: Challenging It Before the Adjudicating Authority & Appellate Tribunal
Executive Summary The pmla provisional attachment challenge is one of the most consequential and contested areas of Indian financial law. Under the Prevention of Money Laundering A
Mental Harassment Under BNS Section 86: Workplace & Domestic Application
Introduction Mental harassment has emerged as one of the most pressing legal and social concerns in contemporary India. Unlike physical harm that leaves visible scars, psychologica
Criminal Proceedings in Property Fraud Cases: Supreme Court Clarifies Legal Position on Concurrent Civil and Criminal Remedies
Introduction The intersection of civil and criminal law in property disputes represents one of the most complex areas of Indian jurisprudence. In a landmark judgment delivered on J
