Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act)

The Supreme Court examined the constitutional validity of the amendment to Section 2(1)(o) of the SARFAESI Act, which altered the definition of a non‑performing asset (NPA) to allow different regulators to prescribe classification guidelines for their respective creditors. The petitioners argued that this amounted to c…

New Horizon Sugar Mills Ltd and its directors, who had guaranteed a bank loan, defaulted and faced attachment of their properties under the Pondicherry Protection of Interest of Depositors in Financial Establishments Act, 2004. They challenged the validity of that Act and a government order attaching properties, arguin…

The society Common Cause filed a public‑interest writ petition under Article 32 seeking directions to the Union Government to adopt its suggestions for curbing non‑performing assets (NPAs) and to convert the Serious Fraud Investigation Office (SFIO) into a statutory body with adequate powers. The Union Government conte…

The Bijnor Urban Cooperative Bank Ltd. rejected the original writ petitioner's application for a One Time Settlement (OTS) on the ground that she was a willful defaulter, her loan was classified as an NPA and the bank could recover the full amount by auctioning the secured property. The petitioner challenged the reject…

Maharaji Educational Trust, U.P. Avas Evam Vikas Parishad and HUDCO appealed against a Lucknow High Court order that directed the Parishad to demarcate 42.45 acres of mortgaged land and to declare 21 acres as unencumbered, based on a sale agreement with SGS Construction. The Supreme Court held that the High Court lacke…

Standard Chartered Bank granted a home loan which the borrower defaulted on, leading the bank to invoke the SARFAESI Act and sell the mortgaged property at auction. The borrower challenged the sale before the Debt Recovery Tribunal (ORT) and later before the Debt Recovery Appellate Tribunal (DRAT), which, after a four‑…

Axis Bank Limited (appellant) appealed against the admission of a Section 7 petition filed by State Bank of India (respondent No.2) against Shreem Corporation Limited (the corporate debtor). The dispute centered on whether the petition was time‑barred under the three‑year limitation period, given that the debtor was de…

The case concerned the sale of a mortgaged property by a bank under the SARFAESI Act. The Supreme Court examined whether the bank, as a secured creditor, had complied with Section 13(8) of the Act and Rules 8 and 9, which require a 30‑day individual notice and a public notice before any sale. It held that the sale effe…

The Supreme Court examined an appeal by Asset Reconstruction Company (India) Ltd., a financial creditor, against a NCLAT order that held a Section 7(2) IBC application against V. Hotels Ltd. was time‑barred. The Court clarified that the Limitation Act, 1963 applies to IBC applications and that the three‑year limitation…