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#SARFAESI #CoerciveProceedings #LoanDefault #FinancialHardship #KeralaHighCourt
BackgroundA borrower approached the Kerala High Court seeking relief from coercive proceedings initiated by the Kerala Bank Limited under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. The borrower had defaulted on a mortga...
#InsolvencyandBankruptcyCode #PersonalGuarantors #ResolutionProfessional #NCLAT
JUDGEMENTASHOK BHUSHAN, J.These two Appeals have been filed by the Personal Guarantors of Corporate Debtor challenging the order dated 25.01.2024 passed by National Company Law Tribunal, New Delhi Bench, Court – IV in an Application filed by the Bank of Maharashtra under Section 95, sub-secti...
#BankingLaw #LoanDefault #InstallmentPayments
Kerala High Court Allows Installment Payments for Defaulting BorrowerBackground:A petitioner had availed credit facilities from a respondent bank and defaulted on the loan. The bank initiated proceedings against the petitioner under the Kerala State Co-operative (Agricultural and Rural Develo...
#LoanDefault #InstallmentRepayment #KeralaCooperativeBank
Kerala Co-op Bank Granted Installment Repayment Plan to Defaulting BorrowerBackground:A borrower, who had availed a loan from the Kerala Co-operative Societies Act, 1969, defaulted on their payments. The bank initiated proceedings against the borrower under the provisions of the Act, promptin...
#InsolvencyLaw #Bankruptcy #LegalJudgment #SupremeCourtSupremeCourt
Court Overturns Resolution Plan in Insolvency CaseCategory: Insolvency LawSub-Category: Corporate Insolvency Resolution ProcessSubject: Treatment of Creditors in Insolvency ProceedingsBackgroundIn a significant ruling, the National Company Law Appellate Tribunal (NCLAT) dismissed an appeal co...
#NCLAT #Insolvency #Intervention #LocusStandi #CIRP
NCLAT Reinstates Intervention Application in Insolvency Resolution ProcessBackground:In a recent judgment, the National Company Law Appellate Tribunal (NCLAT) addressed the issue of locus standi in intervention applications filed in corporate insolvency resolution processes (CIRPs). The case ...
#SARFAESI #RedemptionRights #AuctionSale #NPA #LoanDefault
Court Dismisses Appeal Challenging SARFAESI Proceedings Due to Waiver of Redemption RightsBackground:The appellants, a borrower and a guarantor, challenged the proceedings initiated by the respondent bank under the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur...
#BankingLaw #ConsumerProtection #LoanTransparency #AllahabadHighCourt
High Court Quashes Banking Ombudsman Order, Citing Lack of Fair Procedure and Opaque Interest Rate Hikes Allahabad High Court, JusticePrashantKumar, overturns BankingOmbudsman's decision for failing to provide borrower a hearing; highlights need for transparency in variable interest rate loan...
#CorporateInsolvency #Section7Application #FinancialCreditor #SuspendedDirectors #CIRP
Four appeals were filed by the Suspended Director of the Corporate Debtor - Asian Hotels (West) Ltd. and shareholders of Corporate Debtor challenging the order passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench IV admitting Section 7 application filed by the ...
#Insolvency #CIRP #CorporateLaw #NCLT
The Suspended Director of Asian Hotels (West) Ltd. and shareholders of the Corporate Debtor have filed four appeals challenging the order passed by the Adjudicating Authority (National Company Law Tribunal) New Delhi Bench IV admitting Section 7 application filed by the Financial Creditor. Th...
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