Multiple aggrieved persons can file a single, consolidated application under SARFAESI Act- Kerala High Court
The Kerala High Court on 4th June, 2025 held that multiple aggrieved persons can file a single, consolidated application under SARFAESI
DRT Can’t Decide Disputes under section 11 of SARFAESI Act; Must Be Referred To Arbitration : Supreme Court
Section 11 in The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 says: “ Where any
Order passed by a Magistrate under Section 14 of the SARFAESI Act cannot be challenged by filing a revision petition under any provision of the BNSS or the Code of Criminal Procedure.
The Kerala High Court in Union Bank of India v. Manaf (2025 KLT OnLine 1816) vide its judgement dated 10/04/2025 held
Whether SARFAESI Proceedings Can Be Initiated Without Loan Recall
A frequent question raised by borrowers is whether a bank can initiate SARFAESI proceedings without first recalling the loan. Many assume
Is SARFAESI Applicable to Residential Houses? – Legal Position Explained
One of the most common fears among borrowers is whether their residential house can be taken by banks under the SARFAESI
How to Challenge SARFAESI Action Before DRT
The Debt Recovery Tribunal (DRT) is the primary and statutory forum for borrowers to challenge illegal or arbitrary actions taken by
Role of the District Magistrate Under Section 14 of the SARFAESI Act
One of the most critical stages in SARFAESI proceedings is taking physical possession of the secured asset. When borrowers resist or
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 under
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 seeing
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 borrowers