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Articles for Drt

Multiple Vacancies At Dhir & Dhir Advocates & Solicitors [Apply Now]
2 weeks ago

Multiple Vacancies At Dhir & Dhir Advocates & Solicitors [Apply Now]

Live Law  

The chamber of Dhir & Dhir Advocates & Solicitors invites application for the post of Associate, DRT/DRAT Lawyers, Associate / Senior Associate / Principal Associate, Associate, and Assistant Manager / Manager. • Interested candidates are required to submit in their CVs along with a cover letter email at [email protected] or WhatsApp 98105 59242 on or before 15.12.2024, however, candidates will …

Contract Legal Recovery Compliance Debt Recovery Post Senior
Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024
4 weeks ago

Supreme Court Weekly Round-up: November 18, 2024 To November 24, 2024

Live Law  

Citation Prem Lal Anand and Ors. Case Details: State of Haryana v. Amin Lal through Legal Representatives Citation: 2024 LiveLaw 900 The Supreme Court reiterated that the State cannot claim adverse possession over the property of private citizens. Case Details: Sonu Agnihotri v. Chandra Shekhar and others Citation: 2024 LiveLaw 910 While expunging from a judgment of the Delhi High …

India Karnataka Tamil Nadu Kerala Delhi Supreme Court High Court
DRT May Entertain Plea Against Measures To Recover Secured Debts Beyond Limitation If Satisfied With The Reasons: Gauhati High Court
1 month ago

DRT May Entertain Plea Against Measures To Recover Secured Debts Beyond Limitation If Satisfied With The Reasons: Gauhati High Court

Live Law  

The Gauhati High Court has recently held that the Debt Recovery Tribunal has to dispose of an application under SARFAESI Act made against measures to recover secured debts by any person in accordance with Section 24 of the Recovery of Debts and Bankruptcy Act which applies the provisions of the Limitation Act to tribunal proceedings.For context, Section 24 of the …

Application Limitation Act Limitation Tribunal High Act Measures
Property Of Personal Guarantors Cannot Be Sold Under SARFAESI Act During Moratorium Period U/S 96 Of IBC: NCLT Mumbai
1 month ago

Property Of Personal Guarantors Cannot Be Sold Under SARFAESI Act During Moratorium Period U/S 96 Of IBC: NCLT Mumbai

Live Law  

The NCLT Mumbai bench of Mr. Charanjeet Singh Gulati and Justice Lakshmi Gurung has held that once a petition under section 95 of the IBC is filed, the interim moratorium under section 96 is triggered. Brief Facts This application has been filed by, Raghavendra Joshi under Section 60 r/w Section 60 of the Insolvency and Bankruptcy Code, 2016 read with …

Personal Mumbai Property Sale Bank Application Tribunal
'11 DRTs Have No Presiding Officers': Supreme Court Seeks Union's Response On PIL To Fill Up Vacancies
1 month 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 …

Charge Drt Drts 11 Drts Presiding Officers
DRT issues summons to Wadhawans for recovery of ₹846.63-crore bank loan
4 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, …

Bank Tribunal Wadhawan Public Summons
Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court
4 months, 2 weeks ago

Courts Or Tribunals Referring Disputes To Lok Adalat Barred From Entertaining Appeals Against Awards Passed In Such Cases: Patna High Court

Live Law  

The Patna High Court on Tuesday held that it would be impermissible for the courts/tribunals referring a matter for settlement to Lok Adalats to examine the correctness of the award passed by the Lok Adalat. The court said that the referral courts/tribunals would also be barred from entertaining the challenge to the award passed in the Lok Adalat on the …

Court Settlement Bank Courts High Lok Bench
Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court
5 months, 3 weeks ago

Consumer Commission Has No Jurisdiction To Entertain Matters Coming Under Purview Of SARFAESI Act: Orissa High Court

Live Law  

The Orissa High Court has held that the Consumer Commissions do not have jurisdiction to entertain any suit or proceeding which is subject matter of adjudication by Debt Recovery Tribunal or Appellate Tribunal under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Clarifying the jurisdictional issue, the Division Bench of Justice Debabrata Dash and …

Consumer Jurisdiction Court Consumer Commission Notice Commission Act
Defaulter Can't Initiate Criminal Proceedings Against Creditor/Auction Purchaser Against Auction Held Under SARFAESI Act, Must Go To DRT: Allahabad High Court
8 months ago

Defaulter Can't Initiate Criminal Proceedings Against Creditor/Auction Purchaser Against Auction Held Under SARFAESI Act, Must Go To DRT: Allahabad High Court

Live Law  

While quashing criminal proceedings against officers of M/s Himri Estate Private Limited and Indiabulls Housing Finance Ltd. initiated by Shipra Group, the Allahabad High Court held that defaulter cannot initiate criminal proceedings against creditor/auction purchaser against the auction conducted under the provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Criminal proceedings cannot be …

Justice High Court Court Criminal Criminal Proceedings Auction Held
S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies
8 months, 1 week ago

S.17 (1A) SARFAESI Act | Jurisdiction Of DRTs Can't Be Solely Decided Based On Location Of Asset: Allahabad High Court Clarifies

Live Law  

The Allahabad High Court has held that jurisdiction of the Debt Recovery Tribunal to entertain application under Section 17 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be based solely on the location of the secured asset. The Court held that the insertion of Section 17 of the SARFAESI Act has an overriding …

Jurisdiction Recovery Court Bank Lucknow Application Tribunal
Easy Access To Justice A Facet Of Right To Life: J&K High Court Allows SARFAESI Actions To Be Challenged Under Article 226 Till Local DRTs Are Established
8 months, 1 week ago

Easy Access To Justice A Facet Of Right To Life: J&K High Court Allows SARFAESI Actions To Be Challenged Under Article 226 Till Local DRTs Are Established

Live Law  

The Jammu and Kashmir High Court, has ruled that the absence of Debt Recovery Tribunals within the Union Territories of Jammu and Kashmir and Ladakh violates the fundamental right to easy access to justice enshrined in Article 21 of the Constitution. “.We would hold that this Court would have jurisdiction to entertain petitions under Article 226 of the Constitution of …

Justice Court Access Kashmir Financial Institutions Petitions Alternative
When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains
8 months, 1 week ago

When Can High Courts Entertain Writ Petition Under Article 226 Despite Existence Of Statutory Remedies? Supreme Court Explains

Live Law  

Observing that the High Court should exercise due care and caution while entertaining the petitions under Article 226 of the constitution even when there exists an alternative statutory remedy, the Supreme Court on Wednesday deprecated the High Court's interference in the auction sale proceedings completed by the Bank at the instance of the borrower despite having statutory remedy. Observing that …

Supreme Court Constitution High Courts Court Bank Courts Statutory
DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court
8 months, 3 weeks ago

DRT | Effect & Operation Of Any Interim Order Passed Is Wiped Out At The Passing Of Final Order: Allahabad High Court

Live Law  

The Allahabad High Court held that the effect and operation of any interim order passed is wiped out at the passing of the final order. The bench comprising Justice Piyush Agrawal held that “once an appeal was dismissed as withdrawn, the interim order, if any, passed thereon automatically merges with the final order.” The Court relied on State of U.P. …

Appeal Recovery Court Bank Order Auction Tribunal
DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court
10 months, 1 week ago

DRT | Rejection Of Application Under Order 7 Rule 11 Will Not Operate As Res Judicata On Deciding Issue Of Limitation: Allahabad High Court

Live Law  

The Allahabad High Court has held that rejection of application under Order VII Rule 11 of the Civil Procedure Code will not operate as res judicata on deciding issue of limitation raised at the time of final hearing. will not operate as res judicata.” The Court reiterated that for deciding an application under Order VII Rule 11 of CPC, the …

Law Supreme Court Court Application Res Judicata Order Limitation
S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court
11 months ago

S.17 SARFAESI Act | Applications Filed Beyond 45-Day Limit Not Barred From Seeking Condontation Of Delay Under Limitation Act: MP High Court

Live Law  

The Madhya Pradesh High Court recently held that Section 5 of the Limitation Act stipulating condonation of delay would apply in respect of applications under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 before the Debt Recovery Tribunal filed beyond the period of 45 days. Taking note of Section 29 of …

Court Application Limitation Act Delay Filed 45 Days Provisions
Keep off civil disputes, HC tells police inspector again
11 months, 3 weeks ago

Keep off civil disputes, HC tells police inspector again

Deccan Chronicle  

Hyderabad: The Telangana High Court has reiterated its directions to police officials to refrain from entertaining any civil dispute plea. Justice C.V. Bhaskar Reddy directed the station house officer, Karimnagar Rural, and his subordinate officers not to interfere in civil disputes in a writ petition filed by Syed Moin. Cops silent despite HC order In a contrasting matter, Justice C.V. …

Petition Petitioner Drt Civil Disputes
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 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 …

Properties Court Interim Prima Facie Remand Prima Interim Relief
SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court
1 year, 1 month ago

SARFAESI Act | Orders Passed In Interim Application Appealable U/S 18; Cannot Invoke Supervisory Jurisdiction U/Art 227: Kerala High Court

Live Law  

The Kerala High Court recently held that an order passed in an interim application is appealable before the Appellate Tribunal, under Section 18 of the SARFAESI Act.It thus proceeded to declare that Article 227 of the Constitution cannot be invoked by the High Court, when the Tribunal had considered the matter before it in the proper perspective. Justice K. The …

Constitution Court Bank Kerala High Court Application Order Tribunal
IBC | Doctrine Of Election Can't Prevent Financial Creditor From Initiating CIRP Against Corporate Debtor: Supreme Court
1 year, 2 months ago

IBC | Doctrine Of Election Can't Prevent Financial Creditor From Initiating CIRP Against Corporate Debtor: Supreme Court

Live Law  

The Supreme Court has held that the 'Doctrine of Election' cannot be applied to prevent a Financial Creditor from approaching the National Company Law Tribunal for initiation of Corporate Insolvency Resolution Process against a Corporate Debtor, under the Insolvency and Bankruptcy Code, 2016. As such, the holder of such certificate would be entitled to initiate CIRP, if initiated within a …

Supreme Court Corporate Financial Recovery Court Election Corporate Debtor
HC Stays DRT Order
1 year, 5 months ago

HC Stays DRT Order

Deccan Chronicle  

Hyderabad: A two-judge bench of the Telangana High Court, comprising acting Chief Justice P. Naveen Rao and Justice Nagesh Bheemapaka, stayed an order passed by the Debt Recovery Tribunal, Hyderabad, for violating principles of natural justice. He asserted in his letter that was addressed to the Chief Justice that the station house officer and others had trespassed into his office …

Justice Hyderabad Recovery Court Natural Justice Order Officer
Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court
1 year, 6 months ago

Challenge To Recovery Notice U/S 13(2) SARFAESI Act Lies Before DRT And Not Civil Court, Unless Plaint Alleges Fraud: Bombay High Court

Live Law  

The Bombay High Court recently held that once a secured creditor issues demand notice under section 13 of the SARFAESI Act, 2002, the civil court’s jurisdiction is barred, and any challenge to the notice comes under the domain of the Debts Recovery Tribunal. Justice MS Jawalkar rejected a borrower’s civil suit alleging that the bank violated Guidelines on Fair Practices …

Jurisdiction Fraud Recovery Bank Loan Notice Rbi
S.17 SARFAESI Act | Recovery Action May Have Disastrous Consequences For Borrower, DRT Must Pass Interim Order Upon Application Of Mind: Kerala HC
1 year, 6 months ago

S.17 SARFAESI Act | Recovery Action May Have Disastrous Consequences For Borrower, DRT Must Pass Interim Order Upon Application Of Mind: Kerala HC

Live Law  

The Kerala High Court recently held that interim orders passed by the Debts Recovery Tribunal under 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 cannot be issued mechanically and without application of mind. On Maintainability The Court held that in cases where the Tribunal has failed to exercise its jurisdiction properly, requiring …

Failure Jurisdiction Constitution Recovery Court Orders Order
SARFAESI Auction Can't Be Stayed Just Because Sale Agreement Holder Offered To Pay Dues, When Borrower Hasn't Invoked S.13(8) : Supreme Court
1 year, 7 months ago

SARFAESI Auction Can't Be Stayed Just Because Sale Agreement Holder Offered To Pay Dues, When Borrower Hasn't Invoked S.13(8) : Supreme Court

Live Law  

The Supreme Court has held that a writ petition under Article 226 of the Constitution of India is not maintainable against action taken by Bank under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, since an alternative statutory remedy exists under Section 17 of SARFAESI Act. Since the Borrower in the …

India Supreme Court Court Sale Bank Pay Writ
Government considers tweaks to reduce huge backlog at debt recovery tribunals
1 year, 7 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 …

Financial Recovery Cases Tribunals Debt Banks Borrowers