SARFAESI Act

Case BriefsHigh Courts

Madras HC | Writ petition challenging Sale Certificate issued in proceedings under SARFAESI Act not maintainable

Madras High Court: A Bench of V.K.Tahilramani, CJ and M. Duraiswamy, J. dismissed a writ petition filed under Article 226 seeking to quash

Case BriefsHigh Courts

Madras HC | Court cannot suo motu return a suit at threshold on the ground that parties had agreed to refer all disputes to arbitration

Madras High Court: P.T. Asha, J., held that Section 8 of the Arbitration Conciliation Act, 1996 clearly indicate that the role of judicial

Case BriefsHigh Courts

P&H HC | DRT has jurisdiction under S. 5 of Limitation Act to condone delay if application filed with Securitization Application

Punjab and Haryana High Court: This petition was filed before a Division Bench of Amit Rawal and Arun Kumar Tyagi, JJ. against

Case BriefsHigh Courts

Chief Judicial Magistrate is authorized to entertain applications under Section 14 of the SARFAESI Act, 2002: Kerala HC

Kerala High Court: A Single Judge Bench comprising of Devan Ramachandran, J. dismissed a civil writ petition calling into question the statutory

Case BriefsHigh Courts

Jurisdictionally bereft from hearing matter under SARFAESI Act on merits, Kerala HC allows defaulter to repay bank in installments

Kerala High Court: A Single Judge Bench comprising of Devan Ramachandran, J. was seized of a civil writ petition filed by a

Case BriefsHigh Courts

Contractual terms cannot be altered by virtue of Article 226 of the Constitution of India

Kerala High Court: A Single Judge Bench of Dama Seshadri Naidu, J., decided a writ petition wherein it held that the jurisdiction

Case BriefsHigh Courts

Withdrawal of notice under Section 13 (4) of SARFAESI Act does not discharge the debt

Madhya Pradesh High Court: A petition filed against the possession notice issued under Rule 8 of the Security Interest (Enforcement) Rules 2002

Case BriefsHigh Courts

Application under S. 17(1) SARFAESI Act is maintainable only after actual possession is taken by secured creditor

Allahabad High Court: A Full Bench comprising of Dilip B. Bhosale, CJ, and Devendra Kumar Arora and Vivek Chaudhary, JJ., sat to

Case BriefsHigh Courts

The Court, in exercise of writ jurisdiction, should not ignore a condition imposed by law for entertaining an appeal

Allahabad High Court: A civil writ petition was dismissed by a Single Judge Bench comprising of Ram Surat Ram Maurya, J., on

Case BriefsHigh Courts

No proceedings including that under Art 226 should be entertained against action taken under SARFAESI Act

High Court of Himachal Pradesh: A Division Bench comprising of Dharam Chand Chaudhary and Vivek Singh Thakur, JJ., dismissed a civil writ

Case BriefsHigh Courts

Sales Tax Authorities cannot enforce the alleged charge on a property from the buyer of the property if she/he has had no notice of the same

High Court of Bombay: In a case where the petitioners were charged against unanticipated dues on a property by the Sales Tax

Case BriefsSupreme Court

SARFEASI Act, being the Parliamentary legislation, prevails over the Tripura Land Revenue and Land Reforms Act, 1960

Supreme Court: Dealing with the matter where it was contended that a Sale Notification issued under the Securitisation and Reconstruction of Financial