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Debt Recovery

Delhi High Court
Case BriefsHigh Courts

‘Bank cannot open Lookout Circular as an arm-twisting tactic’; Delhi HC quashes Circular issued by Union Bank of India to recover debt

The Delhi High Court said that a Lookout Circular is a major impediment for a person who wants to travel abroad.

Published on June 1, 2024June 6, 2024By Editor_4
Leave a comment2413 views
delhi high court
Case BriefsHigh Courts

Delhi High Court| Remedy under Section 13(10) of SARFAESI Act cannot be considered as a remedy independent of the RDB Act

The Court is unable to accept that the legislative intent is to provide parallel regimes for the recovery of debts. The provisions of Section 13(10) of the SARFAESI Act, thus, cannot be interpreted in the manner as contended on behalf of the petitioner.

Published on November 3, 2023November 8, 2023By Arunima
Leave a comment6850 views
Bombay High Court
Case BriefsHigh Courts

Divesting DRTs of their pecuniary jurisdiction without any amendment to RDB Act 1993 is unsustainable; Bombay HC stays notification changing DRT jurisdiction in matters above ₹100 crores

    Bombay High Court: While hearing a challenge to the Government Notification dated 04/10/2022 changing the jurisdiction of Dept Recovery Tribunals

Published on November 21, 2022December 21, 2022By Editor_4
1 Comment4064 views
Case BriefsSupreme Court

Judgment Debtor’s right under Rule 60 of Second Schedule of Income Tax Act a valuable right to save his property; cannot be taken away on technical ground or bona fide mistake for which he is not at fault: SC

Supreme Court: The bench of MR Shah* and BV Nagarathna, JJ has held that the right available to the judgment debtor under

Published on August 17, 2022August 17, 2022By Prachi Bhardwaj
Leave a comment3206 views
Rajasthan High Court
Case BriefsHigh Courts

Whether proceedings be entertained for recovery of money realized by sale of assets of company against which winding up proceedings are pending? Rajasthan High Court analyses

Rajasthan High Court: In a case where the secured creditors like Unit Trust of India (‘UTI’) and a workman have preferred their

Published on August 6, 2022August 18, 2022By Editor_4
Leave a comment2820 views
Case BriefsSupreme Court

Does the remedy under Section 14 of SARFAESI Act becomes redundant if DM is unable to take possession of secured assets within time limit? Read what SC says

Supreme Court: The 3-judge bench of L. Nageswara Rao, Hemant Gupta* and Ajay Rastogi, JJ has upheld Kerala High Court’s decision holding

Published on November 6, 2020November 12, 2020By Prachi Bhardwaj
Leave a comment11447 views
Case BriefsSupreme Court

SC| Secured creditor can file winding up petition even after obtaining a recovery certificate from DRT

Supreme Court: In a case dealing with companies defaulting a loan of Rs. 48 Crores including interest from Kotak Mahindra Bank, the

Published on January 30, 2019February 4, 2019By Prachi Bhardwaj
Leave a comment4433 views
Case BriefsSupreme Court

Vijay Mallya found guilty of contempt; to appear before the Supreme Court on 10.07.2017

Supreme Court: Finding Vijay Mallya guilty of contempt of court, the Bench of A.K. Goel and U.U. Lalit, JJ directed him to

Published on May 9, 2017May 24, 2017By Prachi Bhardwaj
Leave a comment4279 views
Case BriefsSupreme Court

Educational Trust, with assets worth Rs. 12,000 crores, is a willful defaulter and should repay loan of Rs. 75 Crores to HUDCO

Supreme Court: In the matter where the Housing & Urban Development Corporation Ltd (HUDCO) had initiated proceedings against the Maharaji Educational Trust

Published on May 8, 2017May 24, 2017By Prachi Bhardwaj
Leave a comment5452 views
Case BriefsSupreme Court

Pre-deposit under S. 18 of SARFAESI Act to file an appeal before DRAT not a secured asset

Supreme Court: Deciding the question as to the fate of the deposit on the disposal of the appeal in case of an

Published on April 26, 2016May 11, 2016By Sucheta
1 Comment13336 views

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