SARFAESI Archives - Page 3 of 4 - Supreme Court of India Judgements

October 15, 2025 5:19 am

SARFAESI Act – jurisdiction of Civil Court is barred except for one exception of FRAUD which has to be proved as laid in Order VI, Rule 4 of CPC

Jul 10, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH CHARU KISHOR MEHTA — Appellant Vs. PRAKASH PATEL AND OTHERS — Respondent ( Before : C.T. Ravikumar and Sudhanshu Dhulia, JJ. ) Special Leave…

SARFAESI

A number of proceedings were initiated by respondent which he has delayed the proceedings initiated by the bank under the SARFAESI Act, and has stalled the recovery proceedings – Division Bench was not justified in initially granting an order of stay.

May 16, 2022 sclaw

SUPREME COURT OF INDIA DIVISON BENCH KOTAK MAHINDRA BANK LIMITED — Appellant Vs. NARENDRA JAYANTILAL TRIVEDI AND ANOTHER — Respondent ( Before : M. R. Shah and B.V. Nagarathna, JJ.…

SARFAESI

SARFAESI – Section 14(1A) – Taking of Possession of Secured Assets and Documents – Held, An advocate is and must be regarded as an officer of the court and subordinate to the CMM/DM for the purposes of Section 14(1A) of the 2002 Act – It is open to the District Magistrate (DM) or the Chief Metropolitan Magistrate (CMM) to appoint an advocate and authorise him/her to take possession of the secured assets and documents relating thereto

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH NKGSB COOPERATIVE BANK LIMITED — Appellant Vs. SUBIR CHAKRAVARTY AND OTHERS — Respondent ( Before : A.M. Khanwilkar and C.T. Ravikumar, JJ. ) Civil…

SARFAESI

Central Excise Act, 1944 – Section 11E – SARFAESI Act, 2002 will have an overriding effect on the provisions of the Central Excise Act of 1944

Feb 27, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PUNJAB NATIONAL BANK — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : L. Nageswara Rao and Vineet Saran, JJ. )…

SARFAESI

SARFAESI Act, 2002 – – By selling the mortgaged property/secured property it cannot be said that the borrower is discharged from the entire liability outstanding against him – Liability of the borrower with respect to the balance outstanding dues would still be continued

Feb 20, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH BANK OF BARODA — Appellant Vs. M/S KARWA TRADING COMPANY AND ANOTHER — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ. )…

SARFAESI

Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 – Sections 13(4) and 17 – Writ petitions against the notice under Section 13(4) of the SARFAESI Act was not required to be entertained by the High Court – Filing of the writ petition by the borrowers before the High Court is nothing but an abuse of process of Court

Jan 19, 2022 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PHOENIX ARC PRIVATE LIMITED — Appellant Vs. VISHWA BHARATI VIDYA MANDIR AND OTHERS — Respondent ( Before : M.R. Shah and B.V. Nagarathna, JJ.…

SARFAESI

Constitution of India, 1950 – Article 226 – Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 – Non-Performing Asset – Recovery of loan by auction of mortgaged property – Appeal against order of high court granting benefit under the One Time Settlement (OTS) Scheme – No writ of mandamus can be issued by the High Court in exercise of powers under Article 226 of the Constitution of India, directing a financial institution/bank to positively grant the benefit of One Time Settlement (OTS) Scheme to a borrower

Dec 19, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH THE BIJNOR URBAN COOPERATIVE BANK LIMITED, BIJNOR AND OTHERS — Appellant Vs. MEENAL AGARWAL AND OTHERS — Respondent ( Before : M.R. Shah and…

SARFAESI

(SARFAESI) – Section 34 – Civil suit is attracted allegations of ‘fraud’ are made without any particulars – Suit was not maintainable in view of the bar contained under Section 34 of the SARFAESI Act – Except the words used ‘fraud’/’fraudulent’ there are no specific particulars pleaded with respect to the ‘fraud’. It appears that by a clever drafting and using the words ‘fraud’/’fraudulent’ without any specific particulars with respect to the ‘fraud’,. Suit not maintainable

Nov 29, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH ELECTROSTEEL CASTINGS LIMITED — Appellant Vs. UV ASSET RECONSTRUCTION COMPANY LIMITED AND OTHERS — Respondent ( Before : M.R. Shah and Sanjiv Khanna, JJ.…

SARFAESI

(SARFAESI) – Sections 13(1), 13(2), 13(3), 13(4), 14 and 35 – Security Interest (Enforcement) Rules, 2002 – Rules 8 and 9 – HELD Since the sale scheduled on 27.2.2012, as per the First Sale Notice dated 21.1.2012, could not be held due to the reasons attributable solely to the guarantors, there was no necessity of again following the same procedure of providing a 30 days’ clear notice.

Oct 3, 2021 sclaw

SUPREME COURT OF INDIA FULL BENCH S. KARTHIK AND OTHERS — Appellant Vs. N. SUBHASH CHAND JAIN AND OTHERS — Respondent ( Before : L. Nageswara Rao, B.R. Gavai and…

SARFAESI

SARFAESI Act, it has to satisfy the conditions of Section 65A of the Transfer of Property Act, 1882 – If a tenant claims that he is entitled to possession of a Secured Asset for a term of more than a year, it has to be supported by the execution of a registered instrument – HELD even if the tenancy has been claimed to be renewed in terms of Section 13(13) of the SARFAESI Act, the Borrower would be required to seek consent of the secured creditor for transfer of the Secured Asset by way of sale, lease or otherwise, after issuance of the notice under Section 13(2) of the SARFAESI Act and, admittedly, no such consent has been sought by the Borrower in the present case – Appeal dismissed.

Aug 22, 2021 sclaw

SUPREME COURT OF INDIA DIVISION BENCH HEMRAJ RATNAKAR SALIAN — Appellant Vs. HDFC BANK LIMITED AND OTHERS — Respondent ( Before : S. Abdul Nazeer and Krishna Murari, JJ. )…

You missed

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw

Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw

Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw

Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw

Category: SARFAESI

You missed