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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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Finance Company Challenges Arbitration Halt Due to Insolvency Moratorium. Petitioner disputes arbitrator's orders citing moratorium scope under IB Code, seeks continuation against non-insolvent guarantors.

The petitioner, a finance company, challenges two orders by an arbitrator that halted arbitration proceedings due to a moratorium under Section 95 of ...

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Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Resolving Legal Ambiguities and Clarifying Recovery Mechanisms Navigating the Intersection of Statutes of Limitation and Debt Recovery in India

Recovery of Time-Barred Debts under the Haryana Public Moneys (Recovery of Dues) Act, 1979: Appeals arising from judgments of the High Court of Punja...

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Writ Petition Seeking Quashing of Criminal Case Against Former Bank Director. A legal battle over the applicability of the Maharashtra Protection of Interest of Depositors Act to cooperative banks in India.

Writ petition filed under Article 226 of the Constitution of India along with Section 482 of the Code of Criminal Procedure, seeking the quashing of a...

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Fraudulent Activities of Bank Officers and Private Businessmen Exposed : Unveiling the Deceptive Practices and Misuse of Bank Accounts

The Supreme Court dismissed two special leave petitions (SLPs) in the case of fraudulent transactions involving bank officials and private businessmen...

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Supreme Court Validates NCLAT's Ruling on Financial Debt Classification under IBC. Global Credit Capital Limited and others deemed financial creditors in Mount Shivalik Industries Ltd. insolvency case.

The Supreme Court upheld the decision of the National Company Law Appellate Tribunal (NCLAT), confirming that the appellants are financial creditors u...

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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...

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Supreme Court Dismisses Appeal in Loan Interest Dispute: Borrower Bound by Adjustable Interest Agreement. Borrower’s claim of misrepresentation on interest rates by HDFC rejected as court upholds contractual obligations.

The Supreme Court dismissed the appellant’s claim regarding unfair trade practices in a home loan agreement. The court upheld the terms of the agree...