SARFAESI Act

Govind Kumar Sharma vs Bank Of Baroda 2024 INSC 326 – SARFAESI

April 21, 2024 / By

SARFAESI Act, 2002 – DRT set aside auction sale held in favour of the appellants – DRAT dismissed appeal – HC dismissed WP – Disposing appeal, SC held a) setting aside of the auction sale is affirmed. b) The status of the appellants as tenants shall stand restored leaving it open for the borrower as …

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State Bank Of India vs Devendra Kumar Sinha SLP(C) 14982 Of 2017 – SARFAESI – Guarantor Liability

March 16, 2024 / By

SARFAESI Act, 2002; Section 13 – There being a mortgage and the loan amounts recoverable, the appellant guarantor is entitled to proceed under the SARFAESI Act. The liability of the guarantor is joint and several with the principal debtor [State Bank of India is entitled to proceed under the SARFAESI Act, including the notice under …

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Authorised Officer , Central Bank Of India vs Shanmugavelu 2024 INSC 80 :: [2024] 2 S.C.R. 12 -R 9(5) SARFAESI Rules – Ss 73,74 Contract Act

February 16, 2024 / By

SARFAESI Act; Section 37 ; – SARFAESI Rules; Rule 9(5) – Indian Contract Act, 1872; Sections 73,74 – Whether, the underlying principle of Section(s) 73 & 74 respectively of the 1872 Act is applicable to forfeiture of earnest-money deposit under Rule 9(5) of the SARFAESI Rules? In other words, whether the forfeiture of the earnest-money …

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