The Central Government has vide its Notification dated 7th September 2006, rescinded the following rules (the Rules) of the Securities and Exchange Board of India with immediate effect.

The Debt Recovery Appellate Tribunal, Chennai, examined whether fresh evidence of a defendant's attempts to sell secured properties after giving undertakings to the court could justify reversing a lower tribunal's refusal to grant...

The Hon'ble Supreme Court of India recently in its judgment in the matter of Jaypee Infratech Limited (JIL) held that mortgagees of the Corporate Debtor are not financial creditors...

The master circular on wilful defaulters issued by the Reserve Bank of India (RBI) defines a "wilful default" as occurring when: a "unit" defaults in its payment/repayment obligations to a lender...

The Maharashtra state cabinet recently passed the bill of Maharashtra Stamp (Amendment) Act, 2021 ("Amendment") which was introduced in the Maharashtra Legislative Assembly on 23rdDecember 2021.

Security interests over movable property can be created by way of mortgage, pledge, hypothecation, lien and charge.

In a significant ruling, the Madras High Court, comprising of the Hon'ble Dr. Justice Anita Sumanth and the Hon'ble Mr. Justice G. Arul Murugan, held that the provisions of Section 26E of the Securitisation...

In Anuj Jain, Interim Resolution Professional for Jaypee Infratech Limited v. Axis Bank Etc , the Supreme Court held that a mortgagee is not a financial creditor of a corporate debtor...

The intersection of supply chain financing and insolvency law has increasingly become a fertile ground for jurisprudential debate, particularly concerning the classification of creditors and the validity...

The latest edition of our SARFAESI Newsletter explores the recent cases, highlighting the precedence of secured creditors with registered interests.

Recovery statutes and general civil jurisdiction continues to generate significant judicial debate, particularly in the context of the Securitisation and Reconstruction of Financial Assets...

India's Companies Act, 2013, has had a chequered and a sluggish start. While it received presidential assent on 29 August 2013 and appeared in the official gazette the next day, only 98 of its 470 sections were notified...

The Karnataka Land Reforms Act, 1961 was enacted with an objective to consolidate and make uniform laws relating to purchase and holding of agricultural land, conferment of ownership on tenants, vesting of occupancy rights, ...

The Government of Maharashtra (GoM) has by the Maharashtra Stamp (Amendment and Validation) Ordinance 2021 (Ordinance)

In continuation of its policy to curb bad loans and arrest incipient stress in the system, the RBI introduced a new scheme on June 13, 2016 titled the ‘Scheme for Sustainable Structuring of Stressed Assets'.

In this case, South Eastern Coalfields Limited (Appellant) floated a tender for the work and S Kumar's Associates AKM (Respondent) was the successful bidder.

Upon execution of a mortgage, a lender believes that a valid security is in place and could be enforced if the borrower defaults in repayment.

The Bombay High Court's decision in Aditya Birla Housing Finance Ltd. v. Axis Bank Ltd. examines whether statutory arbitration under Section 11 of the SARFAESI Act can be invoked between an existing secured creditor and a financial...

The SPV in order to buy the assets, raises money by issuing debt securities to the investors in the market.

The case involved a dispute between Cosmos Co-Operative Bank Limited and Central Bank of India over the priority of mortgage rights on a property offered as security...