Search Results for "Banking, Finance & Insolvency News | Supremetoday AI"

Kerala High Court Grants Relief to Borrower Facing Coercive Proceedings Under SARFAESI Act

Kerala High Court Grants Relief to Borrower Facing Coercive Proceedings Under SARFAESI Act

#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...

judgement 02 Mar 2024
Personal Guarantors' Appeal Against Appointment of Resolution Professional Dismissed by NCLAT

Personal Guarantors' Appeal Against Appointment of Resolution Professional Dismissed by NCLAT

#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...

judgement 27 Feb 2024
Kerala High Court Allows Installment Payments for Defaulting Borrower

Kerala High Court Allows Installment Payments for Defaulting Borrower

#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...

judgement 27 Feb 2024
Kerala Co-op Bank Granted Installment Repayment Plan to Defaulting Borrower

Kerala Co-op Bank Granted Installment Repayment Plan to Defaulting Borrower

#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...

judgement 27 Feb 2024
The court ruled that the resolution plan did not meet the requirements of the Insolvency and Bankruptcy Code, particularly regarding the treatment of the appellant as a secured creditor and the acknowledgment of its submitted claim.

The court ruled that the resolution plan did not meet the requirements of the Insolvency and Bankruptcy Code, particularly regarding the treatment of the appellant as a secured creditor and the acknowledgment of its submitted claim.

#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...

Court Decision 12 Feb 2024
NCLAT Reinstates Intervention Application in Insolvency Resolution Process

NCLAT Reinstates Intervention Application in Insolvency Resolution Process

#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 ...

judgement 05 Feb 2024
Court Dismisses Appeal Challenging SARFAESI Proceedings Due to Waiver of Redemption Rights

Court Dismisses Appeal Challenging SARFAESI Proceedings Due to Waiver of Redemption Rights

#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...

judgement 05 Feb 2024
Banking Ombudsman Order Quashed for Procedural Lapses; High Court Emphasizes Transparency in Loan Interest Rate Changes

Banking Ombudsman Order Quashed for Procedural Lapses; High Court Emphasizes Transparency in Loan Interest Rate Changes

#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...

India Case Law 18 Jan 2024
Suspended Directors Challenge Admission of Section 7 Application in Asian Hotels (West) Ltd. Insolvency Case

Suspended Directors Challenge Admission of Section 7 Application in Asian Hotels (West) Ltd. Insolvency Case

#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 ...

judgement 13 Jan 2024
Suspended Directors of Asian Hotels (West) Ltd. Challenge NCLT Order Admitting Section 7 Application

Suspended Directors of Asian Hotels (West) Ltd. Challenge NCLT Order Admitting Section 7 Application

#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...

judgement 11 Jan 2024
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