Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002
17 Supreme Court judgments considering this law. Search within these.
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Delhi Development Authority v. Corporation Bank & Ors.
Whether in the facts and circumstances of the case, the auction was per se illegal being conducted in violation of the terms and conditions of the lease deed and the provisions of the Income Tax Act, 1961 and Income Tax…
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Satheesh V.K. v. The Federal Bank Ltd.
Issue arose as regards the maintainability of the second SLP challenging the same order where the first SLP was withdrawn without leave to re-approach.
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Assistant General Manager State Bank of India & Anr. v. Tanya Energy Enterprises
(i) Whether the High Court erred in its interference with the order of rejection of the respondent’s application under the One Time Settlement 2020 Scheme and directing reconsideration thereof; (ii) Whether, a court can uphold an…
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Shri Shri Swami Samarth Construction & Finance Solution & Anr v. The Board of Directors of Nkgsb Co-Op. Bank Ltd. & Ors.
Lending banks/secured creditors, if under an obligation, in terms of the notification dated 29.05.2015 containing the “Framework For Revival And Rehabilitation Of Micro, Small And Medium Enterprises” (Framework), to identify…
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PNB Housing Finance Limited v. Sh. Manoj Saha & Anr.
Whether the High Court erred in directing the appellant to hand back the possession of the secured asset to the 1 st respondent; whether the 1st Respondent failed to establish pre-existing tenancy in his favour.
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National Spot Exchange Limited v. Union of India & Ors.
Whether the Secured creditors would have priority of interest over the assets attached under the Provisions of Prevention of Money Laundering Act, 2002, (PMLA) and Maharashtra Protection of Investors and Depositors Act, 1999…
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Shrichand Rajaram Kukreja and Anr. v. The State of Maharashtra and Anr.
Whether the allegations levelled in the impugned-FIR disclose a dispute of civil in nature; whether the proceedings of the impugned-FIR and the chargesheet filed as a culmination of the investigation is a gross abuse of process…
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GBJ Hotels Private Limited v. Sriharan Sripathmanathan & Ors.
During the proceedings before the High Court, the Court accepted a better price for the creditor. The offer of the GRT Hotels was accepted by Edelweiss ARCL and it was agreed that the amount deposited of GBJ Hotels would be…
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M/s Shri Sendhur Agro & Oil Industries v. Kotak Mahindra Bank Ltd.
Issue arose whether a complaint filed u/s.138 of the Negotiable Instruments Act, can be ordered to be transferred from one court to the other having territorial jurisdiction to try the offence in exercise of powers u/s.406 CrPC…
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The Chief Manager, Central Bank of India & Ors. v. M/S Ad Bureau Advertising Pvt. Ltd & Anr.
Issue arose as to whether the borrower of a project loan, falls within the definition of ‘Consumer’ under the provisions of the Consumer Protection Act, 1986.
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Central Bank of India & Anr. v. Smt. Prabha Jain & Ors.
Whether the jurisdiction of civil court to try a suit is completely barred by s.34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
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Celir LLP v. Mr. Sumati Prasad Bafna & Ors.
The present petitions sought to initiate contempt proceedings against the respondents/alleged contemnors for wilful disobedience of the final judgment and order dated 21.09.2023 passed by this Court in Civil Appeal Nos. 5542-5543…
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M/s Pro Knits v. The Board of Directors of Canara Bank & Ors.
Whether the Notification dated 29.05.2015 issued by the Central Government in exercise of the powers conferred under Section 9 of the Micro, Small and Medium Enterprises Development Act, 2006, containing Instructions for the…
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M/s Al-Can Export Pvt. Ltd. v. Prestige H.M. Polycontainers Ltd. & Ors.
Matter pertains to the legality, validity and propriety of the auction proceedings conducted by the Tahsildar of the subject property, originally owned by the respondent No. 1; whether the provisions of Order XXI r. 90 CPC would…
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Govind Kumar Sharma & Anr. v. Bank of Baroda & Ors.
Whether an auction/ sale under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFESI Act) carried out without issuing the mandatory 30-day notice to the borrower under…
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PHR Invent Educational Society v. UCO Bank and Others
Matter pertains to the High Courts entertaining petitions arising out of the DRT Act and the SARFAESI Act in spite of availability of an effective alternative remedy.
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The Authorised Officer, Central Bank of India v. Shanmugavelu
(i)Whether, the underlying principle of Section(s) 73 & 74 respectively of the Contract Act, 1872 Act is applicable to forfeiture of earnest-money deposit under Rule 9(5) of the SARFAESI Rules. In other words, whether the…