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Supreme Court Upholds Auction Validity: Battle Over Mortgage Redemption and Property Title. A landmark ruling interpreting the SARFAESI Act clarifies borrower and auction purchaser rights amidst contested mortgage and property transfer cases.

The Supreme Court adjudicated a dispute arising from a public auction under the SARFAESI Act involving Celir LLP (auction purchaser), Sumati Prasad Ba...

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Upholding Procedural Validity in SARFAESI Proceedings. "Reaffirming the ministerial role of courts under Section 14 of the SARFAESI Act."

The Bombay High Court, examined procedural aspects under the SARFAESI Act concerning the non-compliance with the requirements of Section 13(2) and Sec...

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"High Court Allows Director's Fraud Allegation Against Loan Sanction to Proceed in Civil Court" "Commercial Court's rejection overturned as fraud claims bypass SARFAESI Act jurisdiction."

The petitioner, against the rejection of his plaint by the Commercial Court under Order 7 Rule 11 CPC on grounds of being barred by Section 34 of the ...

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Supreme Court Affirms Guarantor's Independent Liability Despite Resolution Plan. Guarantor's obligations remain intact; assets of subsidiaries excluded from holding company’s resolution plans, creditor rights upheld

The Supreme Court of India affirmed that the approval of a resolution plan for a corporate guarantor does not absolve the principal borrower of its li...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Court Dismisses Major Property Claims in Sureshchandra Jhaveri Estate Dispute. Plaintiff awarded partial share in Prabhudarshan flat and specific movable assets; most claims dismissed due to lack of evidence and legal barriers.

The properties and assets of the deceased Sureshchandra Jhaveri, the Plaintiff claimed entitlements to various properties and movable assets, arguing ...

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Supreme Court Rejects Lease Renewal for BPMEL Mines, Upholds Odisha Government's Stance. High Court's Directive for High-Powered Committee Overturned; TGP's Appeal Dismissed; Workers' and Creditors' Claims to Proceed Under Companies Act

The Supreme Court has granted permission to file a special leave petition by TGP Equity Management Private Limited against the orders of the High Cour...

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Supreme Court Upholds Setting Aside of Auction Sale Due to Non-Compliance by Bank. Failure to Follow Mandatory 30-Day Notice Under SARFAESI Rules Leads to Auction Sale Cancellation.

The Supreme Court upheld the setting aside of an auction sale due to the Bank's failure to follow the statutory requirement of a 30-day notice under R...

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Supreme Court Reiterates: Statutory Remedies Must Be Exhausted in SARFAESI Disputes. When alternative statutory remedies exist, courts should not entertain writ petitions under Article 226.

The Supreme Court dealt with the legality of a High Court's interference in an auction sale under the SARFAESI Act, despite the availability of an alt...