secured creditor Archives

payment to operational creditors under ibc

Operational Creditors must be paid equivalent amount as per Section 53 of the IBC in case of liquidation of Corporate Debtor: SC

The Court said that Vistra ITCL (India) Ltd. would be treated as a secured creditor in terms of Section 52 and 53 of the IBC, and would be entitled to retain the security interest in the pledged shares.

Experts Corner Siddharth R Gupta

Landmark Judgments on Banking Laws [2022] Part I

by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 30

Case Briefs Supreme Court

Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order

Supreme Court opined that instead of shifting the burden of proof on the secured creditor to prove that the secured property was not agricultural property, the Telangana High Court should have laid down the burden of proof on the borrowers.

Case Briefs Supreme Court

IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC

Supreme Court: The bench of Indira Banerjee* and AS Bopanna, JJ has reversed the NCLAT order wherein it was held that the

Case Briefs Supreme Court

Whether confiscation by Custom & Excise Authority forfeits the claim of Secured Creditor over such property? Whether the dues of Excise department create a First Charge? SC answers

Supreme Court: The Division Bench of L. Nageswara Rao and Vineet Saran*, JJ., quashed the confiscation order of Customs and Central Excise

Experts Corner Khaitan & Co

Evolving Jurisprudence in Connection with SARFAESI vis-à-vis Pending Statutory Dues

by Rahul Chakraborti†, Prashamsha Tulachan†† and Saumya Agarwal†††
Cite as: 2022 SCC OnLine Blog Exp 27

Case Briefs High Courts

Does a forfeiture clause imply that the entire deposit amount can be forfeited? Madras HC elaborates

Madras High Court: Sanjib Banerjee, J., addressed whether this Court is the appropriate forum to decide the quantum that can be forfeited

Case Briefs Supreme 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

Case Briefs Tribunals/Commissions/Regulatory Bodies

SCC Times

secured creditor

Operational Creditors must be paid equivalent amount as per Section 53 of the IBC in case of liquidation of Corporate Debtor: SC

Landmark Judgments on Banking Laws [2022] Part I

Only a secured property used as agricultural land can be exempted under SARFAESI Act; Supreme Court sets aside Telangana High Court’s order

IBC’s Section 53 does not over-ride Section 48 of GVAT Act; Adjudicating Authority may reject Resolution Plan if it ignores statutory dues payable to State/Legal authority: SC

Whether confiscation by Custom & Excise Authority forfeits the claim of Secured Creditor over such property? Whether the dues of Excise department create a First Charge? SC answers

Evolving Jurisprudence in Connection with SARFAESI vis-à-vis Pending Statutory Dues

Does a forfeiture clause imply that the entire deposit amount can be forfeited? Madras HC elaborates

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

PMLA | Properties acquired before commission of offence cannot be attached as IBC takes precedence over PMLA

CJM competent to deal with the application moved by the secured creditor under Section 14 of SARFAESI Act

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