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.
Bombay High Court holds that secured creditors with prior CERSAI registration enjoy priority over state tax dues under SARFAESI Act, reinforcing statutory supremacy of secured interests.
Bombay High Court holds that selecting Mumbai from a list of four cities in a loan agreement constitutes an agreed seat, conferring exclusive jurisdiction for arbitration.
Kerala High Court clarifies when writ appeals lie against interim orders passed under Article 226, even if petitions invoke Article 227 jurisdiction. Key principles for SARFAESI Act proceedings.
Kerala High Court reaffirms that writ petitions under Article 226 against SARFAESI Act proceedings are maintainable only in exceptional circumstances, directing aggrieved parties to Debts Recovery Tribunal.
Bombay High Court holds that once a writ petition is finally disposed of, no interim application can be filed to raise fresh grievances arising thereafter, reinforcing finality of judicial proceedings.
Bombay High Court holds that police cannot impose procedural hurdles to enforce court orders under SARFAESI Act; compliance is mandatory and non-negotiable.
Andhra Pradesh High Court holds that failure to disclose borrower's post-notice payments in Section 14 SARFAESI affidavit vitiates possession proceedings. Key precedent for financial institutions.
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.
Andhra Pradesh High Court holds that banks must comply with SARFAESI Rules for auction notices and directs DRT to decide pending interlocutory applications within 10 days to prevent irreparable harm.
Madhya Pradesh High Court holds that authorities must assist banks in dispossessing borrowers under SARFAESI Act, reinforcing procedural compliance and state obligation.
Madhya Pradesh High Court holds that state authorities are legally obligated to assist banks in recovering secured assets under SARFAESI Act, reinforcing procedural compliance.
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.
Madhya Pradesh High Court mandates strict timelines for Collectors to enforce possession under SARFAESI Act, reinforcing procedural compliance and judicial oversight.