Debt Recovery Archives

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.

Case Briefs High 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

Case Briefs Supreme 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

Case Briefs High 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

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 Supreme 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

Case Briefs Supreme 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

Case Briefs Supreme 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

Case Briefs Supreme 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