Search Results for "Recovery Mechanism"

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Search Results for "Recovery Mechanism"

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Supreme Court

Supreme Court Dismisses Bank's Appeal in Insolvency Case — Holds Dispute Predominantly Contractual, Not a Straightforward Financial Debt Default Under IBC. The Court ruled that where loan disbursement is made directly to a builder under a quadripartite agreement and the corporate debtor's obligations are intertwined with the builder's performance, the transaction does not constitute a simple financial debt under Section 7 of the Insolvency and Bankruptcy Code, 2016.

7 May 2026

The Supreme Court dismissed the appeal filed by Dhanlaxmi Bank Limited against the order of the National Company Law Appellate Tribunal (NCLAT) which ...

Supreme Court

Supreme Court Dismisses Appeal in Pension Rules Case Regarding Withholding of Gratuity During Pending Criminal Proceedings. Court Upholds Statutory Embargo Under Rule 69(1)(c) of Central Civil Services (Pension) Rules, 1972, Holding That Gratuity Cannot Be Paid While Either Departmental or Judicial Proceedings Remain Pending.

7 Apr 2026

The appeal concerned a retired government employee whose gratuity was withheld due to pending criminal proceedings against him. The appellant had work...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

Supreme Court

Supreme Court Clarified the Scope of Interim Moratorium under Section 96 of the Insolvency and Bankruptcy Code, 2016 – Held That Regulatory Penalties Imposed by the Consumer Protection Act, 1986, Are Not Covered

4 Mar 2025

Invoking Insolvency Proceedings Cannot stay execution of Penalty Orders for Consumer Protection Law Violations – The Apex Court Upheld the NCDRC’s...

High Court

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.

15 Oct 2024

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

Supreme Court

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

8 May 2024

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...

Supreme Court

Supreme Court Quashes Condition of Interim Victim Compensation in Anticipatory Bail Proceedings. The Court held that imposition of interim victim compensation as a bail condition is impermissible under bail jurisprudence, as compensation under Section 357 of the Code of Criminal Procedure, 1973, is contingent upon final adjudication of guilt post-trial.

24 Jan 2023

The Supreme Court addressed an appeal concerning the imposition of interim victim compensation as a condition for anticipatory bail. The appellant cha...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Priority Dispute Between SARFAESI Act and MSMED Act. SARFAESI Act's Express Priority Provisions Under Section 26E Prevail Over MSMED Act's Recovery Mechanism, as No Conflict Exists and Priority Must Be Expressly Provided.

5 Jan 2023

The dispute arose from conflicting recovery claims under the SARFAESI Act and MSMED Act against a debtor, Mission Vivacare, which had defaulted on loa...

Supreme Court

Supreme Court Dismisses Guarantors' Appeals in SARFAESI Act Enforcement Case, Upholding Sale of Mortgaged Properties. The Court held that multiple litigations by guarantors constitute abuse of process and cannot defeat the expeditious recovery mechanism under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

23 Sep 2021

The Supreme Court of India dealt with civil appeals arising from special leave petitions challenging a common judgment of the Madras High Court. The d...

Supreme Court

Supreme Court Dismisses Appeals in MSMED Act Arbitration Cases on Limitation and Counterclaim Issues. The Court held that the Limitation Act, 1963 applies to arbitration proceedings under Section 18(3) of the Micro, Small and Medium Enterprises Development Act, 2006, and counterclaims are maintainable under Section 23(2A) of the Arbitration and Conciliation Act, 1996, affirming the High Court's remand and arbitrator appointment orders.

29 Jun 2021

The Supreme Court of India addressed two consolidated civil appeals involving arbitration proceedings under the Micro, Small and Medium Enterprises De...

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