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Rajasthan HC holds police must provide assistance for Section 14 SARFAESI orders without levying charges under Section 46 Rajasthan Police Act.
The Bombay High Court held IBC Section 96(4) applies retrospectively, lifting the interim moratorium on secured asset recovery from May 26, 2026. This lets banks and financial institutions enforce security interests in insolvency cases without the stay.
The Andhra Pradesh High Court ruled that EPF dues under Section 11(2) of the EPF Act, 1952, hold an unassailable first charge on an establishment’s assets, overriding secured creditors and the Limitation Act. This priority applies regardless of recovery delays, reinforcing the statutory protection of employees’ provident fund claims.
Bombay High Court holds that SARFAESI Act proceedings cannot be initiated against borrowers classified as MSMEs under the MSME Development Act, 2006. The ruling reinforces Supreme Court precedents limiting secured creditors' recovery avenues, impacting banks' enforcement strategies for MSME loans.
Bombay High Court rules that the Prevention of Money Laundering Act (PMLA) prevails over the SARFAESI Act and RDB Act, denying secured creditors priority over attached proceeds of crime. Creditors must approach the Special Court under Section 8(8) of PMLA for relief, reinforcing the Act's overriding confiscatory regime.
Bombay High Court clarifies that pendency of NCLT petition alone does not trigger moratorium under IBC to halt SARFAESI enforcement unless a formal order is passed.
Rajasthan High Court directs District Magistrate to decide Section 14 SARFAESI Act applications within 30 days, reinforcing statutory timelines for secured creditors.
Madhya Pradesh High Court reaffirms that revenue mutation entries cannot establish ownership, clarifying rights of secured creditors and liquidators in corporate insolvency.