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JSA | India | 22 Feb 2023

Supreme Court: Dues under the SARFAESI Act will prevail over MSMED Act

The Supreme Court of India ('Supreme Court') in the case of Kotak Mahindra Bank Limited vs. Girnar Corrugators Pvt. Ltd. and Ors. Has held that the…
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SS Rana & Co | India | 21 Sep 2022

Can SARFAESI proceedings be continued when CIRP has been admitted? India

The Hon’ble Supreme Court vide its order dated May 18, 2022 in Indian Overseas Bank Versus M/S Rcm Infrastructure Ltd. And Another​ observed that the…
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Clasis Law | India | 26 Apr 2022

No writ petition maintainable in cases where remedy lies under SARFAESI Act

In a recent case, the Supreme Court of India clarified that borrowers aggrieved by proceedings initiated by banks or asset reconstruction companies under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act 2002 have to avail remedy under the same law and a writ petition will not be maintainable.
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Khaitan & Co | India | 3 Mar 2022

Arbitrability of disputes under debt recovery laws

The arbitrability of disputes undoubtedly represents the largest segment of litigations arising out of the Arbitration and Conciliation Act 1996. The primary reason behind the arbitrability of disputes being such a common issue in the courts is the Act's lack of classification of disputes as arbitrable or non-arbitrable. However, the judiciary has stepped in to fill the gaps that were laid......
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Khaitan & Co | India | 17 Feb 2022

Mortgagor has the Right to Redeem the Mortgage until Issuance of Sale Certificate Under SARFAESI Act

Recently, vide judgment dated 23 December 2021, the Punjab and Haryana High Court (High Court) in the case of M/s Pal Alloys & Metal India Private…
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Khaitan & Co | India | 31 Jan 2022

ERGO Analysing Developments Impacting Business: TReDS to Register Factoring Transactions on Behalf of Factors

The Reserve Bank of India (RBI) on 14 January 2022 notified the Registration of Assignment of Receivables (Reserve Bank) Regulations, 2022…
JSA logo
JSA is a leading national law firm in India with over 380+ professionals operating out of 7 offices located in: Ahmedabad, Bengaluru, Chennai…
Khaitan & Co logo
Founded in 1911, Khaitan & Co is one of the oldest and largest Indian law firms. Combining a rich heritage of over a hundred years with a modern and…
SS Rana & Co logo
Established in 1989, S. S. Rana & Co. is a premier Intellectual Property and Corporate Law firm having a pan-Indian presence. It is one of the very…
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