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Supreme Court Allows Insolvency Proceedings Under IBC Over Defunct Scheme of Arrangement -- IBC Prevails Over Companies Act in Recovery of Defaulted Loans

The Supreme Court allowed an appeal against the Company Law Appellate Tribunal's order that kept in abeyance an application under Section 7 of the Ins...

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Madras High Court Allows Civil Revision Petition Against Trial Court's Failure to Consider Interim Injunction in SARFAESI Act Matter — Jurisdiction of Civil Court Barred Under Section 34 of SARFAESI Act, 2002.

The petitioners, Dr. Jaishith Jebakumar Manuel and Pon Manju Usha, filed a suit (O.S.No.118 of 2025) before the Principal District Munsif, Nagercoil, ...

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Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

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Bombay High Court Quashes DRAT Order Waiving Pre-deposit in SARFAESI Appeal — Mandatory Deposit Under Section 18(1) Cannot Be Waived Without Recording Exceptional Hardship. Cooperative Bank's Right to Enforce Security Interest Upheld as Secured Creditor Under SARFAESI Act.

The petitioner, Godavari Laxmi Co-operative Bank Ltd., a cooperative bank, had issued a notice under Section 13(2) of the Securitisation and Reconstru...

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Bombay High Court Dismisses Bank's Petition Seeking Priority Over Sales Tax Dues. Sales Tax Department's First Charge Under Section 38C of Bombay Sales Tax Act, 1959 Prevails Over Secured Creditor's Rights Under Securitisation Act, 2002.

The Thane Janata Sahakari Bank Ltd. (the Bank) filed a writ petition challenging the action of the Sales Tax Department in attaching the property of M...