Article 227 Is Not an Appeal: Kerala High Court Reaffirms the Limits of Judicial Review Over Tribunal Orders”
Introduction In Vijith T.K. & Ors. v. Sharmila Mary Joseph IAS & Ors., 2026:KER:37528, the Kerala High Court had occasion
Mere Presence in a Writ Petition Does Not Confer a Right of Appeal: Kerala High Court Reiterates the Rule of Locus Standi
Introduction The right to approach a Court is not available to every person who may be interested in the outcome
Does a SARFAESI Sale Certificate Guarantee Good Title?
Introduction The Bank Has Issued a Sale Certificate. Is the Property Completely Safe to Purchase? Many purchasers participating in SARFAESI
Effect of a Pending Section 29 Application on a SARFAESI or DRT Auction Property
Introduction The Auction Notice Mentions a Pending Section 29 Application. Should You Bid? Many auction purchasers come across a statement
Effect of a Pending Section 17 Application on a SARFAESI Auction Property – The Auction Notice Says a Section 17 Application Is Pending. Should You Be Concerned?
Introduction Many purchasers interested in SARFAESI auction properties come across auction notices containing a statement such as: “Securitisation Application (S.A.)
Risks Every SARFAESI Auction Purchaser Must Know Before Bidding – Bank Auction Property Available at a Discount? Read This Before You Bid.
Introduction SARFAESI auction properties often attract buyers because they are perceived to be available at prices lower than prevailing market
Can the Debt Recovery Tribunal (DRT) Stay a Bank Auction? (Received an Auction Notice From the Bank? Understanding Your Rights)
Introduction One of the most common questions asked by borrowers and guarantors facing recovery proceedings is: “Can the Debt Recovery
Rights of Guarantors Under the SARFAESI Act: What Every Guarantor Should Know
I Only Signed as a Guarantor. Can the Bank Proceed Against Me? This is one of the most common questions
Received a DRT Summons – What Should You Do? : A Practical Guide for Borrowers and Guarantors
Introduction Receiving a summons from the Debt Recovery Tribunal (DRT) can be alarming. Many borrowers assume that once a DRT
The Interest Act, 1978: Its Impact on Civil Suits, Insolvency Proceedings, and Cheque Dishonour Cases
Introduction Interest is often the most contested component of a money claim. In many disputes, the principal amount may not
Can You File an Interlocutory Application After an NCLT Case Is Decided? A Practical Case Study
Introduction A common misconception among litigants is that once the National Company Law Tribunal (NCLT) passes a final order, the
Can an Interlocutory Application Be Filed After a Civil Suit Is Decided? Understanding Post-Decree Applications in Civil Courts
Introduction Many litigants assume that once a civil court pronounces a judgment and passes a decree, the case comes to
Forum Non Conveniens under Article 226: The Supreme Court Clarifies the Principle
Introduction The doctrine of ‘forum non conveniens’ is a principle that allows a court, even when it has jurisdiction to
Bank Has Taken Possession of Your Property? Here’s Why the High Court May Ask You to Approach the DRT First
Introduction Many borrowers are shocked when they discover that the Bank has taken possession of their property under the SARFAESI
Delhi High Court Protects MakeMyTrip Trademark: “MakeMyIndiaTrip” Restrained for Brand Infringement
In a significant decision reinforcing trademark protection in the digital economy, the Delhi High Court has restrained a travel business
Supreme Court Clarifies Limitation for Filing and Re-filing Appeals under Section 62 of the Insolvency and Bankruptcy Code
The Supreme Court of India, in CA Ramchandra Dallaram Choudhary v. Adani Infrastructure and Developers Private Limited (Judgment dated 01
Supreme Court Sets Aside SARFAESI Auction Sale After 16 Years: Why Borrowers Must Never Assume an Auction is Beyond Challenge
Introduction One of the most common statements heard from distressed borrowers is: “The bank has already conducted the auction. There
A Lawyer’s Duty Extends Beyond the Client: Kerala High Court Reminds the Bar of Its Oath and Constitutional Responsibilities
Introduction The legal profession occupies a unique position in a constitutional democracy. Unlike many other professions, advocacy is not merely
Section 14 of the SARFAESI Act: Kerala High Court Reiterates that the Magistrate’s Role is Purely Ministerial
Introduction The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”) was enacted to
Kerala High Court Clarifies Territorial Jurisdiction in Personal Guarantor Insolvency Proceedings under the IBC
Introduction The Kerala High Court, in K.N. Marzook v. Dhanlaxmi Bank Ltd., has provided significant clarity on the interplay between