SC Pulls Up Centre For Defunct Status & Vacancies In Tribunals
5 years ago

SC Pulls Up Centre For Defunct Status & Vacancies In Tribunals

Live Law  

The Supreme Court today called upon the Solicitor General Tushar Mehta & Additional Solicitor General Atmaram Nadkarni prior to the lunch hour in order to acquaint the Bench regarding the issue of ineffectiveness of working of Tribunals across the country at 2 pm. Solicitor General Tushar Mehta & ASG A. Nadkarni apprised the bench comprising Justices A.M. Khanwilkar & D. Maheshwari and sought time till 16th March 2020 regarding the issue of vacancies in various tribunals including the Debt Recovery Tribunals and their defunct statuses. Subsequently, allowing the said application, bench granted liberty to the petitioner to approach the Debt Recovery Appellate Tribunal on February 17, 2020. After Advocate Renuka Sahu sought an extension of non-coercive orders towards her client from the Bench in light of the inoperative Tribunal, the Bench pulled up the State regarding inadequacies in working of Tribunals across the country.

Tribunals Tribunal Bench Petitioner Drt Drat  recovery  bench  light  general  status  issue  vacancies  defunct  drt  centre  pulls  tribunal  petitioner  sc  regarding  tribunals

History of this topic

Tribunal reforms hold the key to efficient dispute resolution in India
2 weeks, 4 days ago

Tribunal reforms hold the key to efficient dispute resolution in India

Live Mint  

Tribunals were meant to be India’s answer to an overburdened judicial system—a fast-track mechanism to resolve disputes efficiently outside the traditional civil court structure. When the Telecom Disputes Settlement and Appellate Tribunal ruled on the adjusted gross revenue dispute, the Supreme Court overruled it, raising questions about the legal standing of tribunals. Administrative tribunals like the Central Administrative Tribunal and …

Dismissing Plea Due To Shortage Of Stenographers Unwarranted: Punjab & Haryana HC Says DRT Presiding Officer Ought To Have Raised Issue With Authorities
1 month, 1 week ago

Dismissing Plea Due To Shortage Of Stenographers Unwarranted: Punjab & Haryana HC Says DRT Presiding Officer Ought To Have Raised Issue With Authorities

Live Law  

The Punjab & Haryana High Court today said that Debt Recovery Tribunal cannot dismiss application on the ground that there is shortage of stenographers or typists.Justice Anupinder Singh Grewal and Justice Sumeet Goel said, "the dismissal of the application on account of shortage of stenographers and typists is unwarranted and the applications ought to have been heard and decided. The …

Dismissing Plea Due To Shortage Of Stenographers Unwarranted: Punjab & Haryana HC Says DRT Presiding Officer Ought To Have Raised Issue With Authorities
1 month, 1 week ago

Dismissing Plea Due To Shortage Of Stenographers Unwarranted: Punjab & Haryana HC Says DRT Presiding Officer Ought To Have Raised Issue With Authorities

Live Law  

The Punjab & Haryana High Court today said that Debt Recovery Tribunal cannot dismiss application on the ground that there is shortage of stenographers or typists.Justice Anupinder Singh Grewal and Justice Sumeet Goel said, "the dismissal of the application on account of shortage of stenographers and typists is unwarranted and the applications ought to have been heard and decided. The …

'11 DRTs Have No Presiding Officers': Supreme Court Seeks Union's Response On PIL To Fill Up Vacancies
4 months, 1 week ago

'11 DRTs Have No Presiding Officers': Supreme Court Seeks Union's Response On PIL To Fill Up Vacancies

Live Law  

The Supreme Court today sought a response from the Union of India in a Public Interest Litigation seeking filling of pending appointments of Presiding Officers in the Debt Recovery Tribunals. As per the plea, out of 39 Debts Recovery Tribunals in the Country, nearly one third- 11 DRTs are without Presiding Officers as of September 30. Issue a writ in …

SC issues notice to Centre over vacancies in Debt Recovery Tribunals
4 months, 1 week ago

SC issues notice to Centre over vacancies in Debt Recovery Tribunals

Deccan Chronicle  

New Delhi: The Supreme Court on Monday issued notices to the Ministry of Finance on a PIL highlighting critical vacancies in Debt Recovery Tribunals across India. A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar heard the submissions of Sudarshan Rajan, appearing for PIL petitioner Nischay Chaudhary, and sought the response of the Union Ministry of Finance. The …

SC issues notice to Centre over vacancies in debt recovery tribunals
4 months, 1 week ago

SC issues notice to Centre over vacancies in debt recovery tribunals

New Indian Express  

The DRTs are set up under the Recovery of Dues to Banks and Financial Institutions Act of 1993 to enable banks and financial institutions to recover bad debts from borrowers. According to the PIL, as of September 30, 2024, 11 DRTs are without Presiding Officers, severely impacting their ability to resolve cases efficiently. The PIL sought a direction to the …

Banks asked to have clear policy for debt recovery
6 months ago

Banks asked to have clear policy for debt recovery

New Indian Express  

NEW DELHI: Finance ministry has asked banks to have a clearly defined policy for small and high-value cases pending in Debt Resolution Tribunals for ‘optimising’ recovery. The ministry has also asked the banks to put in place effective monitoring and oversight mechanisms for management of pending cases in DRTs. Chairpersons of Debt Recovery Appellate Tribunals and presiding officers of Debt …

DRT issues summons to Wadhawans for recovery of ₹846.63-crore bank loan
7 months, 1 week ago

DRT issues summons to Wadhawans for recovery of ₹846.63-crore bank loan

Hindustan Times  

MUMBAI: The Debt Recovery Tribunal, a quasi-judicial body that helps banks and financial institutions recover loans from customers, has issued a public summons to Housing Development and Infrastructure Ltd promoters Rakeshkumar Wadhawan and his son Sarang, in connection with the proceedings initiated by Bank of India for recovery of an outstanding loan amount of ₹846.63 crore from their group firm, …

Local Debt Recovery Tribunal Must Be Established In Jammu And Kashmir, Says Supreme Court
7 months, 3 weeks ago

Local Debt Recovery Tribunal Must Be Established In Jammu And Kashmir, Says Supreme Court

Live Law  

The Supreme Court on Friday called for the establishment of local Debt Recovery Tribunals in Jammu and Kashmir. A bench of Justice Abhay Oka and Justice Augustine George Masih was hearing a plea by a bank against the Jammu and Kashmir and Ladakh High Court's decision allowing challenges to actions under the SARFAESI Act to be made before the High …

Debt Recovery | Extension Of Interim Relief At The Time Of Remand Subject To Prima Facie Finding In Petitioner's Favor: Delhi High Court
1 year, 4 months ago

Debt Recovery | Extension Of Interim Relief At The Time Of Remand Subject To Prima Facie Finding In Petitioner's Favor: Delhi High Court

Live Law  

A Division Bench of the Delhi High Court recently held that an interim order granted by the Debts Recovery Appellate Tribunal during the pendency of appeal was not required to be extended in pursuance of remand, without a prima facie finding on the need for such an order. It observed: “If the same is accepted, then in every case where …

Weekly Digest Of IBC Cases: 8 May To 14 May 2023
1 year, 10 months ago

Weekly Digest Of IBC Cases: 8 May To 14 May 2023

Live Law  

Supreme Court Case Title: Sanket Kumar Agarwal & Anr v APG Logistics Private Limited Citation: 2023 LiveLaw 406 The Supreme Court Bench comprising Chief Justice of India Dr. Dhananjaya Y Chandrachud and Justice J B Pardiwala, has held that for the purpose of computing limitation for filing of appeal under Section 61 of the Insolvency and Bankruptcy Code, 2016, the …

Government considers tweaks to reduce huge backlog at debt recovery tribunals
1 year, 10 months ago

Government considers tweaks to reduce huge backlog at debt recovery tribunals

Live Mint  

In an effort to expedite the resolution of pending cases in Debts Recovery Tribunals, the government is considering amendments to rules, including removing the clause requiring borrower approval when banks decide to withdraw debt recovery proceedings. The proposed changes would enable banks to resolve outstanding debt cases with borrowers without seeking their consent for withdrawing pending DRT cases, empowering lenders …

Union Govt’s Duty To Ensure Fully Functional DRTs On Unhindered Basis, Non-Availability Renders Litigants Remediless: Delhi High Court
1 year, 11 months ago

Union Govt’s Duty To Ensure Fully Functional DRTs On Unhindered Basis, Non-Availability Renders Litigants Remediless: Delhi High Court

Live Law  

The Delhi High Court has observed that it is the duty of the Union Ministry of Finance to ensure that the Debt Recovery Tribunals in the national capital are fully functional on an unhindered basis as their non-availability renders litigants remediless. A division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain observed that pro-active measures are expected in …

Practical Solution Needed At Earliest To Address Issue Of Frequent Vacancy In DRTs: Delhi High Court
1 year, 11 months ago

Practical Solution Needed At Earliest To Address Issue Of Frequent Vacancy In DRTs: Delhi High Court

Live Law  

The Delhi High Court has taken note of the issue of “frequent vacancy” arising in the national capital's Debt Recovery Tribunals, observing that the issue needs consideration and a practical solution has to be found at the earliest.A division bench of Justice Najmi Waziri and Justice Sudhir Kumar Jain noted that out of the three DRTs in Delhi, only two …

Cases Above Rs.100 Crores: Finance Ministry Notifies Exclusive DRT Benches
2 years, 5 months ago

Cases Above Rs.100 Crores: Finance Ministry Notifies Exclusive DRT Benches

Live Law  

The Ministry of Finance has issued a notification dated 04.10.2022, whereby the jurisdiction of Debt Recovery Tribunal has been revised. The notification has been released under Section 3 of the Recovery of Debts and Bankruptcy Act, 1993 and in supersession of the notifications of the Government of India, vide numbers G.S.R. 395 dated the 29.05.2007 and S.O.3065 dated the 26.09.2016, …

Sanjay Bansal & Anr. v Union of India & Ors : Delhi High Court Urged DRT Delhi To Hear The Case On Merits
2 years, 6 months ago

Sanjay Bansal & Anr. v Union of India & Ors : Delhi High Court Urged DRT Delhi To Hear The Case On Merits

Live Law  

Sanjay Bansal, a litigant, was constrained due to the non-functioning of the Debt Recovery Tribunal- I, New Delhi for several months, and therefore, he invoked the writ jurisdiction of the Delhi High Court. He complained that despite of his legitimately acquired property through a bank auction, Piramal Capital and Housing Finance Limited have issued a possession notice and further approached …

IBC Cases Weekly Round Up: July 10 To 17 July, 2022
2 years, 8 months ago

IBC Cases Weekly Round Up: July 10 To 17 July, 2022

Live Law  

Supreme Court Case Title: Vidarbha Industries Power Ltd. vs Axis Bank Limited Case No. The National Company Law Tribunal, Mumbai Bench, comprising of Shri H. V. Subba Rao Shri Chandra Bhan Singh, has directed the Resolution Professional to file a fresh a report under Section 99 of the Insolvency and Bankruptcy Code, 2016 for recommending approval or rejection of insolvency …

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant
2 years, 9 months ago

'Abuse Of Process, Frivolous Litigation' : Supreme Court Affirms Cost Of Rs 5 Lakhs Imposed On Litigant

Live Law  

Strongly criticising the filing of numerous proceedings before the tiers of forums upto the Supreme Court itself and the deliberate non-disclosure of absolutely relevant facts, the Apex Court went on to record that it was initially persuaded to initiate contempt proceedings against the Petitioner, but it is not doing so purely due to the age of the Petitioner as she …

Proceedings Against Personal Guarantor Of Corporate Debtor Can Be Continued Independently - Supreme Court Lifts The Stay
2 years, 10 months ago

Proceedings Against Personal Guarantor Of Corporate Debtor Can Be Continued Independently - Supreme Court Lifts The Stay

Live Law  

Supreme Court bench comprising of Justice S Abdul Nazeer and Justice Vikram Nath vide its order dated 06.05.2021 in the case of Mahendra Kumar Jajodia versus State Bank of India, Civil Appeal No. NCLAT held that even in the absence of any pending Corporate Insolvency Resolution Process or Liquidation proceedings, the application under Section 95 of the Insolvency Bankruptcy Code, …

'Central Govt Has Shown Scant Regard To Hardships Of Litigants': Kerala High Court On Absence Of DRT Presiding Officer
3 years, 1 month ago

'Central Govt Has Shown Scant Regard To Hardships Of Litigants': Kerala High Court On Absence Of DRT Presiding Officer

Live Law  

The Kerala High Court recently expressed serious concerns regarding the non-availability of the adjudicatory mechanism of Debts Recovery Tribunal in the State for over ten months despite its efforts to kick start its functioning.Justice Bechu Kurian Thomas observed that when the fundamental right to have access to justice is denied due to the absence of Presiding Officers of the forum. …

Centre clears appointment of 5 tribunal chiefs
3 years, 1 month ago

Centre clears appointment of 5 tribunal chiefs

Hindustan Times  

The Appointments Committee of the Cabinet has cleared the proposal of the Department of Financial Services for the appointment of chairpersons in all five Debts Recovery Appellate Tribunals, Live Law reported. The appointments came a day after the Supreme Court expressed anguish over the ‘knee jerk’ actions in filling up vacant posts in various tribunals. The appointments came a day …

Centre Clears Appointments Of Chairpersons In All Five 'Debt Recovery Appellate Tribunals' (DRATs)
3 years, 1 month ago

Centre Clears Appointments Of Chairpersons In All Five 'Debt Recovery Appellate Tribunals' (DRATs)

Live Law  

The Appointments Committee of the Cabinet has approved the proposal of the Department of Financial Services for the appointment of Chairpersons in all the Fiver DRATs.The following persons have been appointed as chairpersons in the salary of Rs.2,50,000/- p.m., for a period of 04 years, or till attaining the age of 70 years, or until further. DRAT, Mumbai Justice Ashok …

'We Are Tired Of Adjectives, What Due Diligence?' : Bombay High Court To Centre On Delay In Appointment Of DRAT Chairman
3 years, 1 month ago

'We Are Tired Of Adjectives, What Due Diligence?' : Bombay High Court To Centre On Delay In Appointment Of DRAT Chairman

Live Law  

The Bombay High Court on Friday pulled up the Union Government delaying the appointment of Chairperson to the Debt Recovery Appellate Tribunal, and sought a road map on the appointment by next Thursday. The bench led by Chief Justice Dipankar Datta had earlier issued several directions suo-motu, for debt recovery litigants since the High Court is flooded with matters that …

Supreme Court Requests High Courts To Entertain SARFAESI, Bank Recovery Matters Under Writ Jurisdiction In View Of DRT/DRAT Vacancies
3 years, 3 months ago

Supreme Court Requests High Courts To Entertain SARFAESI, Bank Recovery Matters Under Writ Jurisdiction In View Of DRT/DRAT Vacancies

Live Law  

Taking note of the lack of operation of the Debts Recovery Tribunals and the Debt Recovery Appellate Tribunals in many states due to non-filling of vacancies, the Supreme Court on Thursday passed an order requesting the High Courts to entertain applications under the SARFAESI under the writ jurisdiction as an interim measure. "To resolve the problem for the time being, …

Consider Deputing Member From Subordinate Judiciary As A Stop Gap Arrangement Till Appointments Are Made In DRTs: Delhi HC To Centre
3 years, 3 months ago

Consider Deputing Member From Subordinate Judiciary As A Stop Gap Arrangement Till Appointments Are Made In DRTs: Delhi HC To Centre

Live Law  

The Delhi High Court has asked the Centre to consider the option of deputing a judicial member from subordinate judiciary as a stop gap arrangement till the appointments in Debt Recovery Tribunals in the city are made in pursuance of the selection process. till the appointments are made in pursuance of the selection process in undertaken, request the High Court …

You are testing our patience: SC raps Centre over delay in Tribunal appointments
3 years, 6 months ago

You are testing our patience: SC raps Centre over delay in Tribunal appointments

India Today  

The Supreme Court rapped the central government on Monday over the delay in appointments to the Tribunals and the recently passed Tribunals Reforms Act, saying it was identical to the provisions struck down by it previously. A special bench headed by Chief Justice of India NV Ramana and comprising Justices DY Chandrachud and L Nageswara Rao directed the government to …

'Headless, Defunct Without Qualified Incumbents': Delhi High Court Expresses Dismay Over Delay In Filling Up DRT Vacancies
3 years, 7 months ago

'Headless, Defunct Without Qualified Incumbents': Delhi High Court Expresses Dismay Over Delay In Filling Up DRT Vacancies

Live Law  

The Delhi High Court recently condemned the delay by the Central Government in appointing Presiding officers to Debt Recovery Tribunals across the country, and sought the Department's response in this regard within a week. A Division Bench of Justice Vipin Sanghi and Justice Jasmeet Singh remarked as such:".the real problem being faced by the DRTs today is that they are …

Exclusion Of Advocates From Post Of DRT & DRAT Presiding Officers Challenged; Supreme Court Seeks Centre's Response
3 years, 7 months ago

Exclusion Of Advocates From Post Of DRT & DRAT Presiding Officers Challenged; Supreme Court Seeks Centre's Response

Live Law  

The Supreme Court on Monday sought the Centre's response in a plea challenging the exclusion of Advocates from being eligible for the post of Presiding Officer and Chairman, Debts Recovery Tribunals and Debts Recovery Appellate Tribunals under the Tribunal, Appellate Tribunal and other Authorities Amendment Rules, 2021. A Division Bench comprising Justice L Nageswara Rao and Justice Aniruddha Bose issued …

Centre Cannot Give Charge of a Debt Recovery Tribunal of One State to Presiding Officer of Another State: Kerala High Court
3 years, 9 months ago

Centre Cannot Give Charge of a Debt Recovery Tribunal of One State to Presiding Officer of Another State: Kerala High Court

Live Law  

The Division Bench comprising of Chief Justice S Manikumar and Justice Shaji P Chaly ruled that the Centre cannot give the charge of a Debt Recovery Tribunal of one state to the Presiding Officer of another State. The appeal was filed by Kerala Fashion Jewellery, challenging the order issued by a Single Bench of this Court that upheld a notification …

Breaking: Supreme Court To Pronounce Judgment On Pleas Seeking Loan Moratorium Extension Tomorrow
4 years ago

Breaking: Supreme Court To Pronounce Judgment On Pleas Seeking Loan Moratorium Extension Tomorrow

Live Law  

The Supreme Court will pronounce its judgment tomorrow on a batch of petitions which seek the extension of the 6 month loan moratorium period granted by the Reserve Bank of India.The Court had reserved the Judgment on December 17 last year after hearing petitioners, Centre, RBI and intervenors. The Supreme Court will pronounce its judgment tomorrow on a batch of …

Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment
4 years, 3 months ago

Disputes Which Are To Be Adjudicated By DRTs Are Not Arbitrable: Supreme Court Overrules 2012 Delhi HC Judgment

Live Law  

Overruling a Full Bench decision of Delhi High Court, the Supreme Court has observed that the disputes which are to be adjudicated by the Debt Recovery Tribunal under the DRT Act are non-arbitrable.To hold that the claims of banks and financial institutions covered under the DRT Act are arbitrable would deprive and deny these institutions of the specific rights including …

Chairperson Vacancy At Debts Recovery Appellate Tribunals
4 years, 9 months ago

Chairperson Vacancy At Debts Recovery Appellate Tribunals

Live Law  

Ministry of Finance, department of Financial Services invites application for the post of Chairperson in Debts Recovery Appellate Tribunals in Delhi and Allahabad and any unforeseen vacancies of Chairperson in any of the other DRATs at Chennai, Kolkata and Mumbai which may arise upto 31.12.2020. of Post: 02 Essential Qualification and Experience A person shall not be qualified for appointment …

DRAT Cannot Entertain An Appeal U/s 18 SARFAESI Act Without Insisting On Pre- Deposit: SC [Read Judgment]
5 years ago

DRAT Cannot Entertain An Appeal U/s 18 SARFAESI Act Without Insisting On Pre- Deposit: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the Debt Recovery Appellate Tribunal cannot entertain an appeal under Section 18 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, without insisting on pre­-deposit. The bench of Justice Deepak Gupta and Justice Aniruddha Bose set aside the judgment of the Bombay High Court that held that no. The …

Suits With Basic Relief Of Challenging Decree Passed By DRT Not Maintainable: SC [Read Judgment]
5 years, 1 month ago

Suits With Basic Relief Of Challenging Decree Passed By DRT Not Maintainable: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the suits with the basic relief of challenging the decree passed by the Debts Recovery Tribunal are not maintainable. The Bank filed applications to reject the plaints in exercise of powers under Order 7 Rule 11 of the Code of Civil Procedure on the ground that considering the provisions of Recovery of Debts due …

Karnataka HC Dismisses Vijaya Mallya's Review Petition Against Order Directing Deposit Of Rs 3101 Crores [Read Order]
5 years, 6 months ago

Karnataka HC Dismisses Vijaya Mallya's Review Petition Against Order Directing Deposit Of Rs 3101 Crores [Read Order]

Live Law  

Karnataka High Court has rejected a review petition filed by fugitive economic offender Vijay Mallya, challenging a coordinate bench order which in turn had upheld the order by Debt Recovery Appellate Tribunal, asking Mallya to deposit a sum of Rs.3101 Crore, as a precondition for hearing his appeal against a Debt Recovery Tribunal order. On March 28, the Debt Recovery …

NCLAT orders review of McDonald's-Vikram Bakshi settlement; says deal prima facie in violation of DRT verdict
5 years, 6 months ago

NCLAT orders review of McDonald's-Vikram Bakshi settlement; says deal prima facie in violation of DRT verdict

Firstpost  

On August 22, the NCLAT had granted Bakshi a “last chance” to settle his dispute with state-owned HUDCO, which is claiming Rs 195-crore dues from him. The National Company Law Appellate Tribunal observed that McDonald’s and Bakshi had failed to obtain its permission for the settlement of the six-year-old dispute, said a report in The Economic Times. The appellate tribunal …

DRTs Not Barred From Deciding Jurisdictional Issues As 'Preliminary Issues', Says Gujarat HC [Read Judgment]
5 years, 6 months ago

DRTs Not Barred From Deciding Jurisdictional Issues As 'Preliminary Issues', Says Gujarat HC [Read Judgment]

Live Law  

The Gujarat High Court has held that the Debt Recovery Tribunals are not barred from deciding a 'preliminary issue' if it is one which goes to the root of the matter and strikes at the very jurisdiction of the Tribunal to decide the application.The bench comprising of Justice Harsha Devani and Justice Vireshkumar B. Mayani was considering a petition seeking …

SC quashes RBI Feb 12 circular: What it means for deal activity in India
5 years, 11 months ago

SC quashes RBI Feb 12 circular: What it means for deal activity in India

Live Mint  

Mumbai: India-focused distressed assets funds may see higher deal activity in pre-National Company Law Tribunal cases with the Supreme Court quashing the Reserve Bank of India’s 12 February 2018 circular on Tuesday. RBI had on 12 February 2018 ordered lenders to begin bankruptcy proceedings against defaulters before NCLT if they failed to make interest payment within 180 days of missing …

Secured Creditor Can File Winding Up Petition Despite Obtaining Recovery Certificate From DRT: SC [Read Judgment]
6 years, 1 month ago

Secured Creditor Can File Winding Up Petition Despite Obtaining Recovery Certificate From DRT: SC [Read Judgment]

Live Law  

The Supreme Court has held that a secured creditor can file a winding up petition even after obtaining a decree from the Debts Recovery Tribunal and a recovery certificate based thereon. The bench comprising Justice Rohinton Fali Nariman and Justice Navin Sinha dismissed appeals against Bombay High Court judgment that had rejected the contention that once a secured creditor has …

‘Structure Of Debt Recovery Tribunals (DRTs) May Need Revisit’: SC Asks Centre To Look Into Suggestions Submitted By Amicus Curie
7 years ago

‘Structure Of Debt Recovery Tribunals (DRTs) May Need Revisit’: SC Asks Centre To Look Into Suggestions Submitted By Amicus Curie

Live Law  

The Supreme Court has made an observation that the structure of Debt Recovery Tribunals may need revisit taking into account the suggestion for permanent cadre, autonomous selection procedure, autonomous accountability and disciplinary mechanism, finality subject only to jurisdiction of constitutional courts, to uphold the rule of law and independence of judiciary.The bench of Justice. The Supreme Court has made an …

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]
7 years, 1 month ago

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]

Live Law  

Almost two weeks after issuing interim directions for appointment to various tribunals and putting in place an interim Search-cum-selection Committee, the Supreme Court on Thursday took note of the status of the selection process for various members of all Tribunals and ordered that in cases where substantial steps have been taken in respect of selection process, the same would not …

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]
7 years, 1 month ago

SC Takes Note Of Status Of Selection Of Members To Various Tribunals, Says Its Interim Order Not To Come In Way Where Substantial Steps Have Been Taken Already [Read Order]

Live Law  

Almost two weeks after issuing interim directions for appointment to various tribunals and putting in place an interim Search-cum-selection Committee, the Supreme Court on Thursday took note of the status of the selection process for various members of all Tribunals and ordered that in cases where substantial steps have been taken in respect of selection process, the same would not …

Recovery Of Debts: SC Seeks Big Loan Defaulters’ List [Read Judgment]
8 years, 2 months ago

Recovery Of Debts: SC Seeks Big Loan Defaulters’ List [Read Judgment]

Live Law  

A list of corporate entities where the debt amount outstanding is in excess of Rs.500 crore and empirical data on the pendency of cases for more than 10 years have been sought The Supreme Court in Centre for Public Interest Litigation Vs. Housing and Urban Development Corporation & others has raised specific queries to the Central government with regard to …

Appeal Before DRT Maintainable Even If Amount Involved Is Less Than Rs 10 Lakh: SC [Read Judgment]
8 years, 4 months ago

Appeal Before DRT Maintainable Even If Amount Involved Is Less Than Rs 10 Lakh: SC [Read Judgment]

Live Law  

The Supreme Court in State Bank of Patiala vs. Mukesh Jain, has held that the Debt Recovery Tribunal has jurisdiction to entertain an appeal as per Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, even if the amount involved is less than Rs 10 lakh.A bench comprising Justice Anil R Dave …

Appeal Before DRT Maintainable Even If Amount Involved Is Less Than Rs 10 Lakh: SC [Read Judgment]
8 years, 4 months ago

Appeal Before DRT Maintainable Even If Amount Involved Is Less Than Rs 10 Lakh: SC [Read Judgment]

Live Law  

The Supreme Court in State Bank of Patiala vs. Mukesh Jain, has held that the Debt Recovery Tribunal has jurisdiction to entertain an appeal as per Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, even if the amount involved is less than Rs 10 lakh.A bench comprising Justice Anil R Dave …

Partial deposit before DRAT under Section 18 of SARFAESI Act refundable, reiterates SC [Read Judgment]
8 years, 6 months ago

Partial deposit before DRAT under Section 18 of SARFAESI Act refundable, reiterates SC [Read Judgment]

Live Law  

Reiterating the dictum laid down in in Axis bank vs. SBS Organics Private Limited, the Supreme Court in KUMAR ALUMINIUM LTD. VS. ASSET RECONSTRUCTION COMPANY INDIA has set aside a Delhi High Court Judgment which had refused to interfere with DRAT order which turned down the prayer for refund of the amount deposited in compliance of the requirement of the …

Gujarat HC issues notice on petition challenging DRT Rules as unconstitutional for lack of independence from parent Ministry [Read Petition]
8 years, 11 months ago

Gujarat HC issues notice on petition challenging DRT Rules as unconstitutional for lack of independence from parent Ministry [Read Petition]

Live Law  

A Division Bench of Gujarat High Court recently issued notice on a petition challenging the validity and constitutionality of the Debt Recovery Tribunal Rules, 1998. The Bench, comprising Chief Justice R. Subhash Reddy and Justice Vipul M. Pancholi, however refused to stay the proceedings initiated against ICGPPL by the State Bank of India, under the demand notice issued Section 13 …

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