Tag: SARFAESI

Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings, in cases where an Assignment Agreement is duly registered: NCLAT Delhi

Section 5(2) of the SARFAESI Act contains a deeming clause that allows the ARC to pursue the Section 7 IBC proceedings, in cases where an Assignment Agreement is duly registered: NCLAT Delhi

Wednesday June 26, 2024. BY Malavika Sachin and Vanshika Mathur | Insolvency & Bankruptcy

In the case of Emta Coal Ltd. v. L&T Finance Ltd. and Anr., the National Company Appellate Tribunal vide Order dated 28.05.2024 held that when debt assignment is registered without raising any objections regarding inadequacy

SUPREME COURT OBSERVES: BURDEN LIES ON THE BORROWER TO PROVE THAT THE SECURED PROPERTIES ARE AGRICULTURAL LANDS

Wednesday January 18, 2023. BY Shyam Mohite | Real Estate

The Supreme Court, comprising Justice M.R. Shah and Justice M.M. Sundaresh in a recent judgment1 held that the burden to prove that the secured properties are agricultural lands and are being used as agricultural lands

Vishal N. Kalsaria v. Bank of India & Ors.

Thursday February 4, 2016. BY J. Mandakini & Varsha G.S. | Real Estate

Introduction In the case of Vishal N. Kalsaria v. Bank of India & Ors.[1], the Supreme Court has considered the question whether the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of

Pegasus Assets Reconstruction P. Ltd. v. M/s. Haryana Concast Limited & Anr. – SARFAESI Act a complete code, harmonious with Companies Act, 1956

Thursday January 7, 2016. BY | Law

By Varsha G Subramanian Introduction A secured creditor has a right to enforce its security interest under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“SARFAESI Act”). In the case

Lenders beware, the property is leased

Monday April 7, 2014. BY | Real Estate

By Shiju. P. V The Supreme Court has given a very important judgement last week where the Court considered the validity of leases created on mortgaged property. The Court has examined whether the provisions of