Search Results for "Debt Recovery"

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Arbitration for Loan Recovery Dispute Court debates arbitration versus statutory remedies in SARFAESI and RDDB Acts. A high-stakes financial dispute under arbitration as lenders pursue alternative remedies through the SARFAESI Act.

Acts and Sections Discussed: Arbitration and Conciliation Act, 1996, particularly Section 11 (Appointment of Arbitrators) Securitization and Recon...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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Supreme Court Quashes Criminal Proceedings Against Accused Nos. 4 and 5 in Loan Fraud Case Due to Settlement with Bank. Commercial loan fraud case compromised between Bank and borrowers—Criminal proceedings quashed due to bleak chance of conviction.

The Supreme Court, in Criminal Appeals arising out of Special Leave Petition (Criminal) Nos. 1415 and 1416 of 2024, quashed the criminal proceedings a...

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Supreme Court Affirms Guarantor's Independent Liability Despite Resolution Plan. Guarantor's obligations remain intact; assets of subsidiaries excluded from holding company’s resolution plans, creditor rights upheld

The Supreme Court of India affirmed that the approval of a resolution plan for a corporate guarantor does not absolve the principal borrower of its li...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

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Supreme Court on Industrial Sickness and Compound Interest. The Supreme Court addresses the interplay of the Sick Industrial Companies Act (SICA) and compound interest claims in a case involving HDPE bag supply and payment disputes.

Applicability of Section 22(1) of the Sick Industrial Companies Act, 1985 (SICA) – Whether the bar on legal proceedings under Section 22 applies t...

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Supreme Court Reiterates: Statutory Remedies Must Be Exhausted in SARFAESI Disputes. When alternative statutory remedies exist, courts should not entertain writ petitions under Article 226.

The Supreme Court dealt with the legality of a High Court's interference in an auction sale under the SARFAESI Act, despite the availability of an alt...