Rights of Auction Purchasers under SARFAESI: Legal Protection, Risks & Remedies
SARFAESI auctions attract investors, end-users, and speculators due to comparatively lower prices and faster title transfer. However, an auction purchaser
SARFAESI Auction After Possession: Procedure, Borrower Rights & Legal Remedies
Once a bank takes symbolic or physical possession of a secured asset under the SARFAESI Act, 2002, the next and
Symbolic Possession vs Physical Possession Under SARFAESI
One of the most misunderstood aspects of the SARFAESI Act, 2002 is the concept of possession. Borrowers often panic upon
What Happens After 60 Days of SARFAESI Demand Notice?
A SARFAESI demand notice under Section 13(2) grants borrowers 60 days’ time to clear outstanding dues or raise objections. Many
Section 13(2) SARFAESI Notice: Rights & Remedies of Borrowers
A notice under Section 13(2) of the SARFAESI Act, 2002 is the first formal legal step taken by banks to
Common Mistakes Borrowers Make After Receiving a SARFAESI Notice
Receiving a SARFAESI notice under Section 13(2) often causes panic among borrowers. Unfortunately, it is not the notice itself, but
Step-by-Step SARFAESI Procedure: From NPA to Possession
The SARFAESI Act, 2002 provides banks and financial institutions with a swift mechanism to recover secured debts without approaching civil
Secured vs Unsecured Loans: Why SARFAESI Applies Only to Secured Creditors
The SARFAESI Act, 2002 is one of the most powerful recovery mechanisms available to banks and financial institutions in India.
Who Can Use the SARFAESI Act? – Banks, NBFCs & Financial Institutions Explained
The SARFAESI Act, 2002 grants powerful recovery rights to lenders, allowing them to enforce security interests without approaching civil courts.
The Municipal Corporation of Greater Mumbai & Ors V/s Century Textiles and Industries Limited & Ors – Supreme Court says: “Where two provisions appear to be in tension, the proper course is to adopt a construction that reconciles them, allowing both to operate and giving effect to the underlying legislative intent”
In the year 1918 , Century Textiles and Industries Limited (Respondent No.1),had applied to the Improvement Trust under Section 32B
Judgment of the Division Bench of the High Court cannot be declared as illegal Under Article 32 of the Constitution , says Supreme Court
In Vimal Babu Dhumadiya & ors. Versus The State of Maharashtra & Ors, Supreme Court held on 17/01/2025 that Judgment
When Can a Bank Invoke SARFAESI Proceedings?
Banks and financial institutions frequently initiate recovery proceedings under the SARFAESI Act, 2002 when borrowers default in repayment. However, SARFAESI
M/s Naresh Potteries Vs M/s Aarti Industries- Supreme Court clarifies the Role of Authorized Representative in Dishonour of Cheque Cases Involving Companies
2025 INSC 1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. OF 2025 (Arising out of
When amount is borrowed on the security of blank cheque , the lender has authority to fill up and present it before bank : Kerala High Court
Kerala High Court in Nakulan v. State of Kerala and another held that When amount
Resigned Director Not Liable For Cheque Issued By Company After His Resignation: Supreme Court
Supreme Court bench comprising Justice J.K. Maheshwari and Justice Rajesh Bindal in Criminal Appeal arising out of S.L.P. (Crl.) No(s).
Gist of noteworthy Trademark Cases in the year 2024
Some of the noteworthy trademark-cases decided /considered by various courts under the Trademarks Act 1999 are: Inter IKEA Systems BV
The activities of the Trade Union with reference to the provisions of the Trade Unions Act, 1926 do not amount to a commercial activity to attract Section 29(4)(b) Trade Marks Act 1999 – Kerala High Court
HDFC Bank Staff Union v. Banking Ombudsman & Others – The activities of the Trade Union with reference to the
Difference Between SARFAESI Act and DRT Act – Explained Simply
Borrowers facing loan recovery proceedings often hear two legal terms together: SARFAESI Act and DRT Act. While both deal with
What Is a Non-Performing Asset (NPA)? Legal Meaning Under SARFAESI
The term Non-Performing Asset (NPA) is the foundation on which recovery proceedings under the SARFAESI Act, 2002 are built. Many
SARFAESI Act, 2002 Explained: A Simple Guide for Borrowers
When borrowers default on loan repayments, banks and financial institutions often initiate recovery proceedings under the SARFAESI Act, 2002. For