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247 judgments · newest first · showing 1–200
The petitioner, Chandrakant Sakharlal Suratwala, filed a writ petition challenging a notice issued by a bank under Section 13(2) of the SARFAESI Act, 2002. The court examined whether the petitioner could contest the notice and whether an alternative remedy existed. It held that the petitioner has an …
The Central Bank of India, through its authorised officer, filed a writ petition in the Bombay High Court seeking the implementation of an order dated 28 June 2024 issued by the District Magistrate and Collector of Ahmednagar under Section 14 of the SARFAESI Act, 2002. The petition alleged that the …
The petitioners, borrowers of a loan of Rs. 18.40 lakh from Cholamandalam Investment and Finance Pvt. Ltd., defaulted due to the Covid‑19 pandemic and the loan was declared NPA. The respondent filed an application under Section 14 of the SARFAESI Act for possession of secured assets, and a Court …
The petitioner, Tata Capital Housing Finance Ltd., filed a writ petition seeking a direction to the State of Maharashtra to implement an order dated 10 October 2024 passed by the District Magistrate of Chhatrapati Sambhaji Nagar under section 14 of the SARFAESI Act, 2002. The respondents, …
Tata Capital Housing Finance Ltd filed a writ petition seeking a direction to the State of Maharashtra to implement a District Magistrate's order dated 19 October 2023, issued under Section 14 of the SARFAESI Act. The petitioner argued that the order should be enforced without delay. The …
The applicant, M/s Tahmar Enterprises Ltd., filed a miscellaneous civil application seeking registration of its purchase of the suit property in an auction conducted under the SARFAESI Act, 2002. The applicant asserted that all procedural objections had been removed and requested to be impleaded as …
The petitioner, Jyotiram Narsing Kumbhar, filed a writ petition challenging an order dated 26 September 2024 that was passed under Section 14 of the SARFAESI Act. The petition argued that the order should be set aside, noting that the petitioner had an alternate remedy under Section 17 of the same …
The petitioner, Sajid Aliahmad Shaikh, challenged a physical possession order dated 30 January 2026 issued under Section 14 of the SARFAESI Act against him by ICICI Home Finance Ltd. The auction purchaser’s counsel argued that the possession had been taken and the borrowers subsequently trespassed, …
The petitioner, Arvind Dilip Patil, filed a writ petition under Article 226 challenging a notice issued under Section 14 of the SARFAESI Act. The High Court observed that the proceedings under the Act had been taken to their logical conclusion and that there was no further relief sought by the …
The petitioners, Ananda Dashrath Patil and another, filed a writ petition challenging a possession notice dated 8 April 2026 issued under Section 13(4) of the SARFAESI Act. No counsel appeared on behalf of the petitioners. The Court observed that the possession notice had been taken to its logical …
Tata Capital Housing Finance Ltd. filed a writ petition before the Bombay High Court seeking leave to withdraw the petition and to obtain liberty to file an application before the Chief Judicial Magistrate, Solapur, for an expeditious hearing under Section 14 of the Securitisation and Reconstruction …
The petitioner, Gauri Devashi Gawali, filed a writ petition challenging an order dated 29 April 2026 that was passed under Section 14 of the SARFAESI Act, 2002. No counsel appeared on behalf of the petitioner, and the respondent State of Maharashtra was represented by Advocate General Pr. V. G. …
The petitioner, Tatyasaheb Shankarrao Jagtap, filed a writ petition challenging a physical possession order dated 10 June 2026 issued under Section 14 of the SARFAESI Act. No counsel appeared on behalf of the petitioner, and the record showed that the order had been fully executed with possession …
Petitioner Uday Madhukar Shinde filed a writ petition seeking a mandamus to quash an order dated 3 January 2023 passed by Janata Sahakari Bank Ltd under Section 14 of the SARFAESI Act. The petitioner argued that the order was illegal and sought relief from the High Court. The Court observed that …
The petitioners, M/s. Chaitanya Industries and others, filed a writ petition in the Bombay High Court seeking relief against an order passed by the District Magistrate under Section 14 of the SARFAESI Act, 2002, which they had also challenged before the Debt Recovery Tribunal. They later expressed a …
Cholamandalam Investment & Finance Co. Ltd. filed a writ petition seeking a direction to the Chief Judicial Magistrate at Ratnagiri to expeditiously decide a securitisation application filed under Section 14 of the SARFAESI Act. The petition also impleaded the Registrar of the Chief Judicial …
The petitioner, Mehajabin Badshah Nadaf, filed a writ petition challenging a notice issued under the SARFAESI Act and the subsequent seizure and auction of her property by Union Bank of India. No counsel appeared on behalf of the petitioner. The petition, filed in 2025, was not pursued further by …
The petitioner, Vishal Dairy Farming, filed a writ petition challenging actions of the State Bank of India. The Court observed that the petitioner has an alternative remedy under the SARFAESI Act to approach the Debt Recovery Tribunal. Consequently, the petition was deemed misconceived. The Court …
The petitioner, Sharanappa Pundalik Jeure, filed a writ petition challenging an order dated 27 January 2025 issued by the Chief Judicial Magistrate under Section 14(1) of the SARFAESI Act. The High Court held that the SARFAESI Act provides an exclusive remedy for actions taken under Section 14, and …
Vilas Prabhakar Sansare filed a writ petition challenging an order dated 26 March 2025 passed under Section 14 of the SARFAESI Act. The Court examined whether a writ petition is maintainable when an alternate statutory remedy is available under the same provision. It held that the petitioner has an …
The petitioner filed a writ petition challenging an order dated 11 September 2024 that was passed under Section 14 of the SARFAESI Act. The petition alleged that the order was erroneous and noted that the petitioner had an alternative remedy under Section 17 of the same Act. No counsel appeared on …
The petitioners, M/s. Shriniwas Ramdas Dubas, challenged a Debt Recovery Appellate Tribunal (DRAT) order that upheld a Debt Recovery Tribunal (DRT) decision allowing Bank of Maharashtra to retain possession of certain mortgaged properties. The DRT had restored possession of one factory (Schedule‑I) …
The petitioner, Vasantdada Shetkari Sahakari Sakhar Karkhana Ltd, challenged an Industrial Court order directing it and the operator of its sugar factory to produce wage, bonus, leave encashment registers dating back to 2003 and the 2017 Tripartite Agreement. The petitioner argued that statutory …
Ajit Rajaram Matsagar filed a writ petition challenging an order dated 4 August 2025 issued by the Additional Chief Judicial Magistrate under Section 14 of the SARFAESI Act. The High Court held that challenges to actions taken under Section 14 must be pursued under the SARFAESI Act itself and that …
Petitioner Sitaram Dattaram Adarkar filed a writ petition challenging an order dated 18 July 2025 passed by the Additional Chief Judicial Magistrate under Section 14 of the SARFAESI Act. The High Court held that challenges to actions taken under Section 14 must be made under the SARFAESI Act itself …
The petitioner, Faqie Abdul Latif Mukadam, filed a writ petition challenging the State of Maharashtra's action under the SARFAESI Act to auction his property, seeking a stay of the auction notice dated 25 September 2025. The court observed that the petitioner had an alternative remedy available …
The petitioner, Pramod Laxman Waste, filed a writ petition challenging an order dated 17 February 2024 issued under Section 14 of the SARFAESI Act, a possession notice dated 16 March 2024, and the subsequent auction proceedings. No counsel appeared on behalf of the petitioner, and the records …
The petitioners, Shriniwas Ramdas Dubas and others, challenged the Bank of Maharashtra's taking possession of three mortgaged properties under the SARFAESI Act. The Debt Recovery Tribunal (DRT) restored possession of the Schedule‑I property, holding that possession was taken while a stay application …
Samadhan Jaysing Pawar filed a writ petition challenging a possession notice issued by Axis Bank under the SARFAESI Act, 2002. The Court examined the validity of the notice and whether the petitioner had any other remedy under the Act. It observed that the notice had been taken to its logical end …
The petitioner filed a writ petition challenging an order dated 19 July 2024 passed by the Chief Judicial Magistrate under Section 14(1) of the SARFAESI Act. The High Court held that challenges to actions taken under Section 14 must be made under the SARFAESI Act itself and that the court's writ …
The petitioner, Kusum Satish Khot, filed a writ petition seeking a mandamus to quash an order dated 15 September 2022 passed under Section 14 of the SARFAESI Act. The Court noted that the SARFAESI Act provides a specific remedial forum – the Debt Recovery Tribunal – for challenges to such orders. …
The petitioner filed a writ petition challenging an order dated 11 September 2024 that was passed under Section 14 of the SARFAESI Act. The petitioner argued that the order was improper, although the statute also provides an alternate remedy under Section 17. No counsel appeared on behalf of the …
The petition challenged a June 10, 2024 order issued under Section 14 of the SARFAESI Act. The court observed that the petitioner had an alternate remedy under Section 17 of the same Act. No counsel appeared for the petitioner and no interim relief was sought. The proceedings had reached their …
The petitioners, ICICI Home Finance Co. Ltd., a secured creditor, challenged a Debt Recovery Tribunal (DRT) order that imposed a status quo on a property pending a hearing on 29 October 2026. The petitioners argued that the order was premature, preventing them from taking possession and was based on …
The petitioners, Sanjay Vashishthmuni Dhusiya and another, filed a writ petition challenging an order dated 07.08.2026 passed by a Competent Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, which allowed Punjab …
Axis Bank Limited, a secured creditor, filed a writ petition after the Deputy Commissioner of CGST directed the housing society not to issue a No‑Objection Certificate for flats that constitute the bank's secured assets. The bank had registered its security interest with CERSAI on 20‑12‑2020, …
The petitioners filed a writ petition challenging a DRT order that dismissed their praecipe, seeking relief from the physical possession taken by a secured creditor on 01.10.2026. They argued that the default was minor and they were ready to pay the arrears and continue installments, requesting …
Bharati Vidyanand Mulik filed a writ petition seeking to restrain Saraswat Co-operative Bank Limited from taking physical possession of her flat, which was the secured asset for a defaulted loan. The High Court initially granted an interim order and, upon extensions, directed the petitioner to …
The High Court, hearing an interim application filed by Noorshan Begum and others, considered their request to defer a previously issued order directing physical possession of a secured asset belonging to Janata Co-operative Bank. The original order, dated 22 September 2026, required the State …
The petitioner, M/s Cholamandalam Investment and Finance Company Limited, filed a writ petition seeking a direction to the District Magistrate, Firozabad, to decide its application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest …
The petitioner, Raisoni Kothari Builders LLP, filed a writ petition challenging warrants of attachment issued by Pune Municipal Corporation, but later discovered that no such warrants were actually issued. The petitioner sought to withdraw the petition and requested liberty to file a fresh petition …
The High Court considered an anticipatory bail application filed by Vipul Vikas Kulkarni under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with a criminal case (CR No.172 of 2025) alleging cheating, forgery and related offences under the Bharatiya Nyaya Sanhita, 2023. …
The Malkapur Urban Co-operative Bank Ltd., a cooperative bank under liquidation, filed a writ petition challenging two orders of the Trial Court that directed it to deposit Rs 15,00,000 as commission fee for a Court Commissioner appointed to take possession of 167 flats under the SARFAESI Act. The …
Bajaj Housing Finance Ltd, a secured creditor, filed a writ petition seeking a court direction to expedite the disposal of its pending application under Section 14 of the SARFAESI Act before the Chief Metropolitan Magistrate, Mumbai. The petition argued that the magistrate had violated the guideline …
The petitioners, Muskan Trading Corporation and others, approached the Allahabad High Court under Article 227 seeking a direction to the Debts Recovery Tribunal (DRT), Lucknow, to hear and decide pending applications for interim relief, urgency, and amendment filed in Securitisation Application No. …
The plaintiff, owner of two flats, alleged that a sale deed executed in 2020 was obtained through fraud and sought declaration of its nullity, ownership rights, and an injunction against the defendants, including a housing finance company (Defendant No.7). The finance company filed a revision …
Shree Ganesh Agro Industries, the petitioner, challenged a notice issued by IDBI Bank under Section 13(2) of the SARFAESI Act and the subsequent order rejecting its representation under Section 13(3‑A). The bank had also issued a notice under Section 13(4) and claimed the loan had become a …
The petitioner, Sakir, challenged the sale and impending dispossession of his house by the Bank of India after the Debt Recovery Tribunal (DRT) had ordered a stay on confirming the sale. Despite the DRT’s interim order, the bank sold the property and the Sub‑Divisional Magistrate directed possession …
M/s Sharda Metals and others filed a writ petition challenging an order dated 02‑09‑2026 passed by the Additional District Magistrate (Finance and Revenue), Aligarh under Section 14 of the SARFAESI Act. The petitioners contended that they were aggrieved by a possession notice issued under Section …
The petition filed by Thane Bharat Sahakari Bank Ltd., a secured creditor, sought court directions to obtain physical possession of a secured immovable property. During the pendency of the writ petition, the parties reached an amicable settlement whereby the bank agreed to sell the property to …
The petition was filed by Thane Bharat Sahakari Bank Ltd., a secured creditor, seeking a court order directing State authorities to assist in taking physical possession of a secured immovable property. While the writ was pending, the bank, the trust society (Respondent No.7) that runs a school on …
The Bombay High Court examined whether the amendment inserting sub‑section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 – which bars the interim moratorium for applications against personal guarantors – operates retroactively on pending insolvency proceedings. After extensive …
The Bombay High Court examined whether the amendment inserting sub‑section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 – which bars the interim moratorium for applications against personal guarantors – operates retroactively on pending insolvency proceedings. After extensive …
The Bombay High Court examined whether the amendment inserting sub‑section (4) into Section 96 of the Insolvency and Bankruptcy Code, 2016 – which bars the interim moratorium for applications against personal guarantors – operates retroactively on pending insolvency proceedings. After analysing …
The revision application filed by State Bank of India challenged the trial court’s order rejecting its request to dismiss a civil suit that sought cancellation of a sale certificate issued under the SARFAESI Act. The suit, filed by a purchaser, alleged that the bank had misrepresented the property …
The petitioner, Waheeda Munir Hodekar, filed a writ petition under Article 226 challenging an e‑auction notice issued by the Bank of Maharashtra. She had earlier filed a securitisation application under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of …
Star Mining Infracon India Pvt. Ltd. and others, borrowers, filed Interim Application No.2104 before the Debts Recovery Tribunal‑II (DRT‑II) seeking a stay of a notice of sale, restraining possession of the secured asset and production of documents. The DRT‑II disposed of the application as …
The petitioner, Indian Overseas Bank, sought to quash an auction sale of a mortgaged parcel of land (Survey No. 43/1/B) conducted by the Tahsildar and Talati in April 2018 and to restore possession to the bank as a secured creditor. The bank had earlier issued SARFAESI notices and taken possession …
The petitioner, Indian Overseas Bank, sought to quash an auction sale of a mortgaged parcel of land (Survey No. 43/1/B) conducted by the Tahsildar and Talati in April 2018 and to restore possession to the bank as a secured creditor. The bank had earlier issued SARFAESI notices and taken possession …
The petitioner purchased a property at auction under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and is in lawful possession. The property’s address appears on an FL‑III/504/Q excise license issued in the name of the defaulting borrower. …
The petitioner, Standard Chartered Bank, filed a writ petition seeking relief as a secured creditor. After obtaining physical possession of the subject property under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the bank …
The petitioner, a borrower, filed a writ petition seeking urgent interim relief before the Debt Recovery Appellate Tribunal (DRAT) but was unable to proceed without a waiver of the pre‑deposit requirement. The petitioner had already deposited Rs. 37.5 lakh as 25% pre‑deposit, and the DRAT had listed …
The petitioner, a borrower, filed a writ petition under Article 226 challenging an order of a Competent Magistrate issued under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, and sought to restrain the Court Commissioner from …
The petitioners sought an interim order to stay the physical possession of a flat that had been secured by Punjab National Bank under the Securitisation Act. The High Court had earlier rejected their interim relief on 2 September 2026, reasoning that they had not made out a prima facie case. After a …
The petitioner filed a writ petition seeking a decision on a representation dated 26 July 2026 submitted to the Branch Manager of a bank. The bank served a notice to the petitioner under subsection (2) of Section 13 of the Securitisation and Reconstruction of Financial Assets and Enforcement of …
The petitioners, Cholamandalam Investment & Finance Co. Ltd., a secured creditor under Section 14 of the SARFAESI Act, 2002, sought a writ of mandamus directing the Additional District Magistrate (Finance & Revenue), District Jhansi, to dispose of a pending SARFAESI case (No. 487/2026). The petition …
The petitioner, a third‑party aggrieved person, invoked the jurisdiction of the Debts Recovery Tribunal (DRT) under the SARFAESI Act, 2002, filing an interim application seeking protection of possession of a property. Respondent No.1, a bank, issued a notice to take physical possession of the …
The petitioner, a mortgagor/guarantor, filed a writ petition seeking the High Court to direct the Debt Recovery Appellate Tribunal (DRAT), Mumbai, to expedite the disposal of its pending Appeal No.130 of 2023. The petition highlighted that the appeal had been listed but further adjourned, causing …
The petitioner filed an interim application seeking condonation of a 13‑day delay in filing a review petition against the High Court's order dated 30 June 2026 in Writ Petition No.676 of 2026. The Court, after finding sufficient reasons, allowed the condonation. The review petition challenged the …
Portium Finance Ltd, through Kanchan Prakash Patole, filed a Section 14 application under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 16‑02‑2026 before the Judicial Magistrate, Dadra and Nagar Haveli, Silvassa. The application was …
The petitioner, a third‑party occupier of a secured asset under a leave‑and‑licence agreement, sought a writ under Article 226 to restrain the bank's physical possession of the asset scheduled for 29 August 2026. The bank had acted under Section 14 of the Securitisation and Reconstruction of …
The petitioners, original borrowers, filed a writ petition seeking to restrain the Bank of India from auctioning a secured asset, arguing urgency as the auction was scheduled for the same day. The bank had issued a notice of sale, and the petitioners had already approached the Debt Recovery Tribunal …
Jana Small Finance Bank, a secured creditor, filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 on 27 January 2025, which remained pending before the District Magistrate, Daman. The bank sought a writ …
The petitioner, a widow and co‑borrower, sought relief from the High Court to prevent the respondent bank from taking physical possession of her property after the loan taken by her deceased husband was classified as a non‑performing asset. The court initially deferred possession pending a payment …
UV Asset Reconstruction Company Ltd., a secured creditor, sought court directions to take physical possession of a defaulted borrower's property to enforce its security under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The property had …
UV Asset Reconstruction Company Ltd., a secured creditor, sought court directions to take physical possession of a defaulted borrower's property to enforce its security under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The property had …
The petitioner, Ravijyot Finance and Leasing Pvt. Ltd., a mortgagor, sought a writ injunction to stop Unity Small Finance Bank Ltd. from auctioning the mortgaged property after a sale notice dated 22 July 2026. The bank had initiated insolvency proceedings under the Insolvency and Bankruptcy Code, …
Tata Capital Housing Finance Ltd, a secured creditor, filed a writ petition in the Bombay High Court seeking the Court's permission to withdraw the petition because the concerned magistrate had already disposed of its application under Section 14 of the Securitisation and Reconstruction of Financial …
SMFG India Home Finance Co. Ltd., a secured creditor, filed two applications under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Chief Judicial Magistrate, Alibag, on 25 February 2025 and 20 June 2025. The magistrate …
The Cosmos Co‑op Bank filed a writ petition under Section 14 of the SARFAESI Act seeking the magistrate’s assistance to take possession of movable secured assets (industrial shed and machinery). The magistrate had rejected the application, holding that Rules 4 and 5 provide a complete mechanism for …
The petitioners, Gulzar Babu Sheikh and another, filed a writ petition in the Bombay High Court seeking relief. They later requested permission to withdraw the petition so that they could pursue a statutory remedy under the Securitisation and Reconstruction of Financial Assets and Enforcement of …
Cholamandalam Investment and Finance Co. Ltd. filed a writ petition alleging that the District Magistrate, Rohtas had not acted on its requisition under Section 14 of the SARFAESI Act to take possession of secured assets. The petitioner relied on a Supreme Court judgment interpreting Section 14 as …
Cholamandalam Investment and Finance Co. Ltd. filed a writ petition seeking a direction to the District Magistrate, Rohtas, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The petitioner alleged that the magistrate had not taken any action despite the …
The petitioners, led by Nanda Takwane, were personal guarantors for a loan taken by Siddheshwar Industries Pvt. Ltd. (SIPL) and faced recovery actions under the Maharashtra Co‑operative Societies Act, 1960 (Section 101 and Section 156) including notices for attachment of mortgaged property. They …
Anita Devi filed a writ petition seeking a mandamus to restrain various authorities, including the District Magistrate and a finance company, from taking possession of her dwelling house, which she contends is not mortgaged under loan account No. LAP4MTH000088858. She also requested that the finance …
The petitioners, a trading proprietorship and its guarantor, filed a writ petition challenging SARFAESI proceedings initiated by HDFC Bank that resulted in notional possession of their property. The bank moved the court seeking to withdraw those SARFAESI proceedings and the associated notional …
Petitioner Urmila Devi filed a writ petition seeking relief after the Central Bank of India initiated SARFAESI proceedings against her premises. The bank later decided to withdraw those proceedings and requested the court to order the unlocking of the premises. The court considered the bank's …
The petitioner, Kunti Devi, sought to withdraw her writ petition filed in the Patna High Court, seeking protection against dispossession of her property by Bank of Baroda, which had acquired rights under an order passed pursuant to the SARFAESI Act. She requested permission to withdraw the writ and …
M/s Maiya Ji Cold Storage Pvt. Ltd. filed a writ petition in the Patna High Court seeking to vacate an interim order dated 23 March 2026 passed by the Debt Recovery Appellate Tribunal (DRAT), Allahabad, which had stayed the operation of a Debt Recovery Tribunal (DRT) order dated 28 January 2026. The …
Ankit Singh filed a writ petition in the Patna High Court challenging actions of Bank of Baroda concerning an outstanding loan. The court examined whether the petitioner could seek relief through a writ when the SARFAESI Act, 2002 provides an alternative remedy under Section 17 before the Debt …
The petitioner, Ashok Shripat Bharati, filed a writ petition under Article 226 challenging an order passed by a Competent Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner argued that the order was …
Moolsing Bahadoorsingh Chauhan filed a special civil application under Articles 226 and 227 of the Constitution seeking interim relief to restrain a bank from invoking the SARFAESI Act and taking possession of his property pending an appeal before the Debt Recovery Appellate Tribunal (DRAT). The …
The petitioners, Mrs. Durriya S. Shahiwala and others, sought a writ to restrain the State of Maharashtra and a bank from taking possession of residential flat No. 401 in Tulsi Darshan building, Karjat. The bank contended it could enforce its security interest, but the Court required it to refrain …
The petitioners sought a writ of certiorari under Article 226 to quash a notice dated 26‑10‑2023 issued by a private bank under section 13(2) of the SARFAESI Act, 2002. The respondents argued that the High Court lacks jurisdiction to interfere in such matters, citing the Supreme Court’s decision in …
The petitioners sought a writ of certiorari under Article 226 to quash an order dated 15.04.2026 passed by the District Magistrate, Bijnor, invoking Section 14 of the SARFAESI Act in a debt recovery case. The respondents argued that the High Court should not interfere with actions of a private bank …
The petitioners filed a writ petition under Article 226 of the Constitution seeking a certiorari to quash an auction notice dated 08.06.2022 issued by Aadhar Housing Finance Ltd. under the SARFAESI Act. The respondents argued that the High Court lacks jurisdiction to interfere in the enforcement …
Petitioner Shahrukh filed a writ petition under Article 226 seeking a mandamus directing a private bank (respondent no.3) to open the seal on his house. The bank contended that the High Court cannot interfere with actions taken under the SARFAESI Act, citing the Supreme Court’s decision in S. Shobha …
The petitioner, Amit Kumar Gupta, filed a writ petition under Article 226 of the Constitution seeking a mandamus directing the respondent bank to allow him to deposit the balance loan amount in easy installments as fixed by the court. The respondents, including the Union of India, contended that the …
Petitioner Ashwani Kumar Kamboj filed a writ petition under Article 226 seeking a certiorari to quash a sale notice dated 20.03.2026 issued by a private finance company. The respondents contended that the High Court lacks jurisdiction to interfere with actions taken under the SARFAESI Act, relying …
Au Small Finance Bank Ltd, as a secured creditor, filed a writ petition seeking the High Court to direct the Chief Judicial Magistrate, Mumbai, to decide a pending application under Section 14 of the SARFAESI Act within 30 days, as mandated by a prior judgment in L & T Finance Ltd. v. State of …
The appellants sought to amend and substitute the deceased defendant Arun Kumar Swaroop in a civil suit for permanent injunction, filing application 34‑Ka in a miscellaneous proceeding. The trial court found that the plaintiff had repeatedly delayed the case, filed the substitution application …
Jana Small Finance Bank filed a civil writ petition seeking a direction to the District Magistrate, Bhagalpur, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite the requisition. …
The appellants, the wife and daughters of a deceased property owner, filed a second suit challenging a power of attorney and seeking injunctions, after having earlier filed a first suit for similar reliefs. The defendants moved to reject the second plaint under Order VII Rule 11(d) of the CPC, …
ICICI Bank filed a civil writ petition seeking a direction to the District Magistrate of Darbhanga to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite the application. Relying on the …
The petitioner, Fultun Kumar, filed a writ petition seeking a certiorari to quash a memo dated 08‑06‑2025 that appointed a magistrate to take possession of his land in favor of I.C.I.C.I. Bank under Section 14 of the SARFAESI Act. He also sought any other appropriate relief. The petitioner later …
Petitioner Punam Kumari filed a writ petition challenging a notice issued by Cholamandalam Investment and Finance Company under Section 13(2) of the SARFAESI Act. The petitioner sought relief from the High Court, alleging violation of her rights. The Court observed that the petitioner has an …
Petitioner Nirmal Kumar Chaudhary challenged an ex‑parte order dated 26‑02‑2019 passed by the Debt Recovery Tribunal, Patna, which determined a debt of Rs 5.32 crore against him and ordered an e‑auction for recovery. He filed a writ petition seeking to set aside the order, alleging denial of a …
Orix Leasing and Financial Services India Ltd., a non‑banking financial company, filed two writ petitions challenging the City Civil Court's orders that rejected its Notice of Motion and Chamber Summons seeking to intervene in the execution of an ex‑parte money decree. Orix claimed that the …
Orix Leasing and Financial Services India Ltd., a non‑banking financial company, filed two writ petitions challenging the City Civil Court's orders that rejected its Notice of Motion and Chamber Summons seeking to intervene in the execution of an ex‑parte money decree. Orix claimed that the …
Kundan Kumar filed a writ petition under Article 226 of the Constitution seeking to quash a recovery notice dated 26‑06‑2025 issued by a private bank for pending EMIs and ECS bounce charges, to restrain coercive recovery proceedings, and to allow payment in instalments. The respondents argued that …
The petitioner, Balvir Singh, filed a writ petition under Article 226 of the Constitution seeking a certiorari to quash an order dated 10‑10‑2025 and a notice dated 24‑02‑2026 issued by a private bank under the SARFAESI Act. The petitioner argued that the High Court could intervene in the bank's …
Petitioners Lokesh Kumar Joshi and another filed a writ petition under Article 226 seeking to quash an order dated 28.01.2026 passed by the Additional District Magistrate (Finance and Revenue) in a case involving Jana Small Finance Bank, and to restrain the bank from taking physical possession of …
The petitioners, who are auction purchasers, challenged a May 14, 2025 order of the Debt Recovery Appellate Tribunal (DRAT) that, while deciding an application for waiver of a pre‑deposit under Section 18 of the Securitisation Act, also imposed a blanket interim direction restraining them from …
Jana Small Finance Bank filed a civil writ petition seeking a direction to the District Magistrate, Gaya, to act on its application under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite the requisition. Relying on …
Jana Small Finance Bank filed a civil writ petition seeking a direction to the District Magistrate of Gaya to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank argued that the magistrate had failed to comply with the statutory duty, relying on …
Jana Small Finance Bank filed a civil writ petition seeking a direction to the District Magistrate, Madhepura, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite the application. …
The petitioner, Prakash Padurang Bhoir, filed a writ petition challenging a 2020 order under Section 14 of the SARFAESI Act that allowed the bank to take possession of a secured asset. The bank, invoking Sections 13(2) and 13(4) of the SARFAESI Act, auctioned the property after the original borrower …
The petitioners, Parshbhai Hasmukhbhai Patel and another, filed a Special Civil Application seeking interim relief against an order of the Debts Recovery Tribunal that denied them protection and scheduled possession of their secured property on 14‑02‑2026. They argued that the time frame was …
The petitioners sought a stay on the bank's action to take possession of secured assets scheduled for 14‑02‑2026, invoking their right to appeal under Section 18 of the SARFAESI Act. They argued that the Court Commissioner’s notice and the DRT‑II’s order refusing interim relief were only made …
The petitioners, members of Abhyudaya Co‑op Bank, defaulted on loan repayments and the bank referred the dispute to arbitration under Section 84 of the Multi‑State Co‑operative Societies Act, 2002, also invoking the SARFAESI Act for security enforcement. The arbitrator issued awards which the …
The dispute arose from a sale of cotton bales between CCI and M/s Lakshmi Ganesh Textiles Ltd, which led to an arbitral award for recovery of money in 2001. The award was challenged but the challenge was dismissed in 2013. Subsequently, ICICI Bank, as a secured creditor, attached the debtor's …
Piramal Capital and Housing Finance Ltd filed a writ petition seeking a court direction to the District Magistrate of Daman to decide a pending application (No.15 of 2022) filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, …
Petitioner Pankaj R. Verma filed a writ petition challenging a statutory notice issued by ICICI Bank under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, alleging it and the subsequent possession notice were illegal. The …
The petitioner, a guarantor of loans taken by a construction firm, owned a commercial property that was mortgaged to Indian Bank. After the firm defaulted, the bank declared the loans as NPA, issued demand and possession notices under the SARFAESI Act, and proceeded to auction the property, which …
HDFC Bank filed a writ petition seeking a direction to the District Magistrate of West Champaran to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite receiving the application. Relying …
ICICI Home Finance Company filed a writ petition seeking a direction to the District Magistrate, Saran, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The Bank alleged that the Magistrate had not taken any action despite the application. Relying on …
The appellants, a real‑estate company and its directors, alleged that the State Bank of India obtained a mortgage over their property without a valid board resolution and colluded with a relative to remove title documents. The bank, having classified the loan as an NPA, invoked the SARFAESI Act, …
Canara Bank filed a civil writ petition under Section 14 of the SARFAESI Act seeking a direction to the District Magistrate of Nalanda to act on its requisition for possession of secured assets, which the magistrate had not yet done. The Bank relied on a Supreme Court judgment clarifying that the …
ICICI Home Finance Company Ltd. filed a writ petition seeking a direction to the District Magistrate, Gaya, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The Bank alleged that the Magistrate had not taken any action despite the application. Relying …
ICICI Home Finance Company Ltd. filed a civil writ petition seeking a direction to the District Magistrate of Gaya to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The bank alleged that the magistrate had not taken any action despite receiving the …
ICICI Home Finance Company filed a writ petition seeking a direction to the District Magistrate, Gaya, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The Bank alleged that the Magistrate had not taken any action despite the application. Relying on a …
ICICI Home Finance Company Ltd. filed a civil writ petition seeking a direction to the District Magistrate of Gaya to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The Bank alleged that the Magistrate had not taken any action despite the application. …
ICICI Home Finance Company Ltd. filed a civil writ petition seeking a direction to the District Magistrate, Gaya, to act on its requisition under Section 14 of the SARFAESI Act for possession of secured assets. The petitioner alleged that the magistrate had not taken any action despite the …
The petitioner, Ram Shankar Gupta, obtained several unsecured credit facilities from the respondent bank in 2015 and subsequently defaulted, leading the bank to declare the account a Non‑Performing Asset and invoke the SARFAESI Act to recover the dues by taking possession of the secured assets. The …
The Delhi Development Authority (DDA) had allotted a plot to Sarita Vihar Club under a lease that gave DDA a pre‑emptive right to purchase and required Lieutenant Governor’s consent for any mortgage. The Club mortgaged the plot to Corporation Bank without such consent, defaulted on the loan and the …
The appellant, a borrower, defaulted on a loan from The Federal Bank and the bank classified the loan as a Non‑Performing Asset, invoking SARFAESI provisions. The High Court ordered the appellant to pay Rs.2 crore immediately and the balance in twelve instalments, which the appellant challenged by a …
The State Bank of India (SBI) had secured credit facilities from Tanya Energy Enterprises, which defaulted and faced recovery proceedings under the SARFAESI Act and the Recovery of Debts and Bankruptcy Act. SBI introduced a One Time Settlement (OTS) 2020 Scheme requiring a 5% up‑front payment for …
The Bank of Baroda issued a possession notice under the SARFAESI Act to recover defaulted loans, but a clerical error inflated the outstanding amount, leading the borrower Phoenix India to allege defamation and file a criminal complaint under Sections 499, 500 and 501 IPC against the Bank's senior …
The appellant, Edelweiss Asset Reconstruction Ltd (EARC), challenged a Karnataka High Court order that dismissed its writ petition and directed the transfer of Rs.75 lakh deposited by it to the EPFO. The dispute arose from the default of Acropetal Technologies Ltd in paying provident fund dues, …
The petitioner, an MSME, defaulted on a loan from NKGSB Co‑operative Bank and its account was classified as a non‑performing asset (NPA) with a demand notice issued under Section 13(2) of the SARFAESI Act. The petitioner contended that, under the 2015 Notification containing the ‘Framework for …
The appellant, PNB Housing Finance Ltd., took symbolic and later physical possession of a premises that had been offered as security for a loan to the borrower (2nd Respondent) after the borrower defaulted. The 1st Respondent claimed to be a tenant of the premises since 1987 under an unregistered …
The complainant, a sub‑contractor, alleged that the appellants (directors of Bharat Udyog Ltd.) had partially paid him for work on a sewerage plant and had forged engineers' signatures to claim they performed the work. He filed an FIR alleging cheating, forgery and related offences under the IPC, …
The Supreme Court examined whether secured creditors could claim priority over assets attached under the Prevention of Money Laundering Act (PMLA) and the Maharashtra Protection of Investors and Depositors Act (MPID Act) by invoking the SARFAESI Act and the Recovery of Debts and Bankruptcy (RDB) …
The petitioners challenged the constitutionality of sections 34(1), 47(1)(a)(i) and 58(1)(a)(i) of the Consumer Protection Act, 2019, which base the pecuniary jurisdiction of district, state and national consumer commissions on the value of consideration paid rather than the compensation claimed. …
GBJ Hotels Private Limited had its bid of Rs.108 crore accepted in an auction under the SARFAESI Act for assets of defaulting borrowers who owed about Rs.135 crore to Edelweiss Asset Reconstruction Company Limited (ARCL). A third party, GRT Hotels, subsequently offered a higher amount of Rs.120 …
The appellants, shareholders of RBT Private Ltd., filed a contempt petition alleging that the respondent, a fellow shareholder, willfully violated court and arbitral orders by removing assets and failing to pay loan EMIs. A Single Judge of the Delhi High Court on 5 December 2023 held the respondent …
Shri Sendhur Agro & Oil Industries, a proprietorship based in Coimbatore, defaulted on an overdraft facility and Kotak Mahindra Bank filed a complaint under Section 138 of the Negotiable Instruments Act in the Judicial Magistrate Court at Chandigarh. The petitioner sought transfer of the criminal …
The Central Bank of India granted a Rs 10 crore project loan to advertising firm Ad Bureau for post‑production of a movie, which later defaulted and was classified as an NPA. After a one‑time settlement and issuance of a No‑Dues Certificate, the bank erroneously reported the firm as a wilful …
The appellant purchased a mortgaged property at an auction conducted on 31 July 2007 and received a sale certificate on 30 November 2007, thereafter developing the property. The guarantor of the original borrower challenged the auction before the Debt Recovery Tribunal, which set aside the sale; the …
The plaintiff, Smt. Prabha Jain, inherited a one‑third share of a plot that was illegally partitioned and sold by her brother-in‑law; the buyer later mortgaged the plot to Central Bank of India, which took possession under the SARFAESI Act. Jain filed a civil suit seeking declaration that the sale …
The Supreme Court examined whether several foreign banks that had extended loans to Reliance entities could be treated as "financial creditors" of Reliance Infratel Ltd (the corporate debtor) under Section 5(7) of the Insolvency and Bankruptcy Code, 2016. The dispute arose because the corporate …
The appellants, MSME borrowers, challenged the classification of their loan accounts as non‑performing assets by Canara Bank and other banks, contending that the banks had violated the procedural framework prescribed in the Government’s 29 May 2015 Notification under Section 9 of the MSMED Act. The …
The case concerned an auction of land owned by Prestige H.M. Polycontainers Ltd., which was mortgaged to a bank and later assigned to ARCIL. The Tahsildar conducted the auction without observing the mandatory 30‑day notice period and issued the sale certificate and possession to the appellant, …
The borrowers defaulted on a loan from Bank of Baroda, which initiated SARFAESI proceedings and conducted an open auction of the mortgaged premises. The appellants, who were tenants of the borrowers, became the highest bidders and were issued a sale certificate, thereby converting their status to …
Punjab & Sind Bank appealed against a High Court order that upheld the State of Punjab's claim of priority over tax dues under the Punjab Value Added Tax Act, 2005, which it alleged superseded the bank's charge on the borrower’s immovable property. The State asserted a first charge under Section 35 …
The Supreme Court considered a Miscellaneous Application filed by Sunview Assets Pvt. Ltd., the auction purchaser, seeking a sale certificate from Union Bank of India on the ground that it had fully paid the auction price with interest as ordered on 12 May 2020. The Court examined whether the …
The borrowers defaulted on a loan secured by a mortgage over land in Navi Mumbai, prompting Union Bank of India to initiate SARFAESI proceedings and eventually conduct a public auction. The appellant, CELIR LLP, was the highest bidder, paid the full bid amount, and received a sale confirmation, but …
The Industrial Development Bank of India (IDBI), as a secured creditor, sought to enforce its charge over imported machinery that had been stored in a private bonded warehouse and remained unpaid of customs duty. The company was wound up on 1 December 2003, and the Official Liquidator applied for …
The Supreme Court examined a batch of appeals concerning whether electricity arrears of a previous owner can be recovered from a subsequent owner who acquired the premises through auction or other transfers. It held that the duty of a distribution licensee to supply electricity under Section 43 of …
Canara Bank (successor to Syndicate Bank) filed an application under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) against its corporate debtor, Kranthi Edifice Pvt. Ltd., alleging default on a secured overdraft facility and bank guarantees. The National Company Law Tribunal (NCLT) …
The State of Himachal Pradesh challenged the High Court's declaration that section 16‑B of the Himachal Pradesh General Sales Tax Act, 1968 was ultra‑vires the Constitution and the Banking Companies Act. The High Court had made this declaration while hearing writ petitions that later became …
The appellant bank, Punjab & Sind Bank, had mortgaged a suit property to Frontline Corporation Ltd. after the latter defaulted on loans. The bank issued notices under Section 13 of the SARFAESI Act and took possession, while the borrower filed a civil suit for specific performance of a settlement …
The Supreme Court examined appeals arising from SARFAESI Act proceedings where a borrower (Sidha Neelkanth Paper Industries) defaulted on a loan, the secured assets were auctioned, and the auction proceeds exceeded 50% of the claimed debt. The borrower challenged both the steps taken under Section …
The borrower (M/s Raus Constructions) defaulted on a loan from Indian Bank, leading the bank to invoke the SARFAESI Act, issue possession notices and conduct an e‑auction of the secured properties. The auction purchaser bought one of the properties and the Debts Recovery Tribunal (DRT) confirmed the …
Kotak Mahindra Bank Ltd., a secured creditor, sought possession of mortgaged assets of One Mission Vivacare under the SARFAESI Act after the borrower defaulted. The District Magistrate ordered possession, but the Naib Tehsildar refused, invoking a recovery award under the MSMED Act. The High Court …
The respondents defaulted on three loan facilities secured by an equitable mortgage and the bank initiated SARFAESI proceedings, eventually conducting an e‑auction of the mortgaged property. The respondents challenged the auction on two grounds: a typographical error in the door number in the …
The petitioners, legal heirs of the deceased Balkrishna Rama Tarle, claimed tenancy rights over part of a mortgaged property and challenged the District Magistrate's refusal to assist the secured creditor, Phoenix Arc Private Limited, in taking possession under Section 14 of the SARFAESI Act. The …
Punjab National Bank (PNB) filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) against Jailaxmi Sugar Products Pvt Ltd, alleging default and seeking initiation of a corporate insolvency resolution process (CIRP). The Debt Recovery Tribunal (DRT) issued a certificate of …
Kotak Mahindra Bank Ltd., a financial creditor, filed a petition under Section 7 of the Insolvency and Bankruptcy Code (IBC) to initiate a Corporate Insolvency Resolution Process (CIRP) against Kew Precision Parts Pvt. Ltd. after the debtor defaulted on loans. The debtor had offered a one‑time …
The borrower, M/s R.D. Jain & Co., challenged the Bombay High Court’s interpretation that the Chief Metropolitan Magistrate (CMM) and District Magistrate (DM) under Section 14 of the SARFAESI Act are not persona designata and that the terms include their additional counterparts. The secured …
The dispute arose from an auction sale of two immovable properties attached under a recovery certificate issued by IndusInd Bank. The judgment debtor (borrower) filed an application under Rule 60 of the Second Schedule of the Income Tax Act, 1961, depositing the amount specified in the sale …
Kotak Mahindra Bank (the appellant) sought initiation of a Corporate Insolvency Resolution Process (CIRP) against Prasad Properties and Investments Pvt. Ltd. (the corporate debtor) under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC). The corporate debtor had stood as guarantor for …
Indian Overseas Bank (IOB) had taken possession of two secured assets of M/s RCM Infrastructure Ltd. and conducted an e‑auction under the SARFAESI Act, selling the assets to bidders who paid 25% of the price and were later allowed to pay the balance by 8 March 2019. The corporate debtor filed a …
The Supreme Court examined whether the New Okhla Industrial Development Authority (NOIDA), as the lessor in a 90‑year lease of land for a residential project, could be treated as a financial creditor under the Insolvency and Bankruptcy Code, 2016. The Court held that the lease does not qualify as a …
Kotak Mahindra Bank sought recovery of a loan defaulted since 1986, invoking the SARFAESI Act after the debt had been assigned to it. The borrower, Narendra Jayantilal Trivedi, repeatedly filed various applications and a writ petition to stall the bank's recovery proceedings, which the Debt Recovery …
The Bank of Baroda had granted a loan to the partnership firm Global Packaging, which issued three cheques that were later dishonoured for insufficient funds. A complaint under Section 138 read with Section 141 of the Negotiable Instruments Act was filed against the authorised signatory Simaiya …
The appellant, Asset Reconstruction Company (India) Ltd., challenged the registration of a sale deed executed by S.P. Velayutham in favour of his son, arguing that the Sub‑Registrar had failed to verify that the power of attorney (PoA) presented did not authorize a sale. The High Court’s Division …
The Asset Reconstruction Company (India) Ltd. acquired a defaulted loan from Oriental Bank of Commerce through an assignment agreement that was registered as a single instrument. The deed contained a Schedule 3 draft of a Power of Attorney (PoA) authorising the assignee to sell immovable property, …
The NKGSB Cooperative Bank, a secured creditor, sought possession of a mortgaged flat after the borrowers defaulted on a loan, invoking Section 14 of the SARFAESI Act. The Chief Metropolitan Magistrate (CMM) appointed an advocate commissioner to take possession of the asset, a move upheld by several …
The Central Excise Commissioner ordered the confiscation of land, building, plant and machinery of Rathi Ispat Ltd. (RIL) under Rule 173Q(2) of the Central Excise Rules, 1944 in 2007, even though that rule had been omitted from the statute by a 2000 notification. RIL had earlier mortgaged the same …
Bank of Baroda granted a term loan and cash credit facility to M/s Karwa Trading Company secured by two mortgaged properties. After the borrower defaulted, the bank invoked the SARFAESI Act, took symbolic possession, and issued a public auction notice. The borrower filed an application under Section …
The Supreme Court examined the scope of Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, which bars persons who have executed an enforceable guarantee that has been invoked by a creditor from being a resolution applicant. The Court held that the disqualification arises when the guarantee …
The appellant Arce Polymers (the second purchaser) and the bank appealed against a High Court order that set aside the SARFAESI proceedings against the borrower Alphine Pharmaceuticals. The borrower had repeatedly sought moratoriums and restructuring, which the bank entertained, but ultimately …
Electrosteel Castings Ltd., a guarantor, filed a civil suit seeking a declaration that an assignment deed executed by the financial creditor in favour of UV Asset Reconstruction Co. was fraudulent and that the assignee was not a secured creditor. The suit was dismissed by the High Court on the …
The appellants, guarantors of a loan of Rs.21.14 crore extended to Ace Concrete Pvt. Ltd., contested the sale of four mortgaged properties by Indian Overseas Bank under the SARFAESI Act. The bank issued a first sale notice on 21‑Jan‑2012 with a 30‑day period, but the sale was stayed by the Debt …
The petitioners, home buyers in a Gurgaon housing project, obtained a refund order with interest from the NCDRC, which was stayed by the Delhi High Court. An operational creditor later initiated a corporate insolvency proceeding against the developer (Today Homes & Infrastructure Pvt Ltd) under …
HDFC Bank granted a loan to borrowers who mortgaged a flat as security. When the borrowers defaulted, the bank issued a notice under Section 13(2) of the SARFAESI Act to take possession of the secured asset. The appellant, Hemraj Ratnakar Salian, claimed to be a tenant of the flat since June 2012 …
The petitioners, Sesh Nath Singh and others, challenged the National Company Law Tribunal's (NCLT) order admitting a Section 7 application by Baidyabati Sheoraphuli Co‑operative Bank to initiate corporate insolvency resolution against the corporate debtor. The issue was whether the three‑year …
A. Navinchandra Steels Private Limited, an operational creditor, challenged the admission of a Section 7 petition filed by SREI Equipment Finance Limited before the NCLT, arguing that a winding‑up petition against the same debtor was already pending in the Bombay High Court and that the Companies …
Kotak Mahindra Bank appealed against a Delhi High Court order that allowed guarantors Ambuj Kasliwal and others to file an appeal before the Debt Recovery Appellate Tribunal (DRAT) without making any pre‑deposit of the debt due, as required under Section 21 of the Recovery of Debts and Bankruptcy …
L&T Infrastructure Finance advanced a Rs 40 crore loan to Doshion Ltd., with Doshion Veolia Water Solutions Pvt Ltd (the corporate debtor) providing a non‑disposal undertaking and pledging 40,160 shares of Gondwana Engineers Ltd as security. L&T assigned its rights to Phoenix ARC Pvt Ltd, which …
The Supreme Court of India addressed two interconnected issues: whether landlord-tenant disputes governed by the Transfer of Property Act, 1882 are arbitrable, and the scope of judicial review under Sections 8 and 11 of the Arbitration and Conciliation Act, 1996. The case arose from a tenancy …
The appellant C. Bright challenged a Kerala High Court order that held Section 14 of the SARFAESI Act, which obliges a District Magistrate to deliver possession of a secured asset within 30 days (extendable to 60), is a directory provision. The Supreme Court examined the language of the provision, …
The respondent purchased a mineral water bottling plant at an e‑auction conducted under the SARFAESI Act, where the sale notice expressly stated that the property was sold "as is where is, whatever there is and without recourse" and that the purchaser would bear all statutory dues, including …
The Court examined whether co‑operative banks, which are societies registered under State legislation, fall within the Union List entry 45 (banking) or the State List entry 32 (co‑operative societies) for the purposes of the Securitisation and Reconstruction of Financial Assets and Enforcement of …
The borrower defaulted on a loan secured by a mortgage offered by the guarantor, leading State Bank of India to initiate SARFAESI proceedings and eventually auction the secured assets, which were purchased by Tripower Enterprises. The bank sought the return of original title documents deposited with …
Jaypee Infratech Ltd (JIL) mortgaged its land to secure loans taken by its holding company Jaiprakash Associates Ltd (JAL) from a consortium of banks. The Interim Resolution Professional (IRP) applied to the NCLT for avoidance of these transactions under Sections 43, 45 and 66 of the Insolvency and …
The Maharashtra State Co‑operative Bank Ltd. (the Bank) took possession of mortgaged property of Vainganga Sahakari Sakhar Karkhana Ltd. (the Karkhana) after the Karkhana defaulted on a loan and later sold the property to Wainganga Sugar and Power Ltd. The Karkhana’s employees obtained a recovery …
The case arose when the Odisha High Court ordered the auction of a large parcel of land belonging to Hirakud Industrial Works Ltd. (the corporate debtor) while a petition under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) was pending before the National Company Law Tribunal (NCLT), …
The Supreme Court examined whether a Chief Judicial Magistrate (CJM) in non‑metropolitan areas could entertain a secured creditor's application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for taking …
