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SARFAESI

Home / Archive by category: SARFAESI

What Happens After Section 14 Proceedings Under the SARFAESI Act?

Has the Bank Initiated Section 14 Proceedings? Understanding What Comes Next Many borrowers first realise the seriousness of a SARFAESI case

Can I Stop a SARFAESI Auction? A Practical Guide for Borrowers ?

Received a Bank Auction Notice? You May Still Have Legal Options. One of the most common questions borrowers ask is:  “Can

What To Do After Receiving a Section 13(2) Notice Under the SARFAESI Act

Received a Section 13(2) Notice From the Bank? Do Not Ignore It. Many borrowers panic when they receive a notice from

Sanctity of DRT Settlements and the Limits of Subsequent Criminal Prosecution: Supreme Court Reaffirms Protection of Commercial Settlements

Introduction In a significant decision strengthening the finality of banking settlements and commercial dispute resolution, the Supreme Court in Vijay Kumar

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

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