Madhya Pradesh High Court holds that repeated Section 14 SARFAESI Act applications are lawful if justified, but remedies lie only before DRT under Section 17.
Bombay High Court holds that third parties, including auction purchasers, cannot be compelled to make mandatory pre-deposits under Section 18 of SARFAESI Act unless they are borrowers or guarantors.
Madhya Pradesh High Court holds that banks need not approach Magistrate under Section 14 SARFAESI Act to take possession if notice is duly served and no resistance is encountered.
Madhya Pradesh High Court clarifies that under Section 14 SARFAESI Act, Magistrates must assist secured creditors ministerially without adjudicating borrower disputes or demanding hyper-technical compliance.
Bombay High Court holds that Section 154(2A) of the MCS Act mandates a 50% pre-deposit before revision applications can be heard, rendering merits-based review illegal without compliance.
Rajasthan High Court grants borrower 10 days to deposit Rs.5 lakh and 15 days to approach DRAT before bank can seize property, affirming procedural fairness in SARFAESI proceedings.
Bombay High Court holds that pre-deposit under proviso to Section 18 SARFAESI Act must be calculated solely on the debt amount stated in Section 13(2) notice, not inflated figures.
Bombay High Court cautions financial institutions against over-litigating small debts, emphasizing credit assessment and security before lending. Key guidance on execution strategy.