News Delhi High Court: ‘As is where is’ clause binds auction purchaser under SARFAESI— “Bank not liable for undisclosed UPSIDA dues absent proof of concealment; suit dismissed” RawlawFebruary 22, 20266 min read
News Delhi High Court: “No Person Can Convey Better Title Than He Possesses” — Refuses to Halt SARFAESI Action as Petitioners Failed to Establish Prima Facie Title Over Secured Asset RawlawFebruary 17, 20266 min read
News Bombay High Court: Multi-State co-operative bank can invoke Section 84 arbitration despite SARFAESI action — RDB Act itself preserves option; Section 34 challenge dismissed RawlawFebruary 14, 20266 min read
News Bombay High Court upholds statutory arbitration under Multi-State Co-operative Societies Act despite SARFAESI and RDB proceedings—“Option under RDB Act preserves Section 84 remedy”; Section 34 challenge dismissed RawlawFebruary 13, 20267 min read
News Bombay High Court holds Mumbai as seat of arbitration in lender–borrower dispute—“Arbitration ‘to be held’ indicates seat, not mere venue; SARFAESI action no bar”; arbitrator appointed, interim protection granted RawlawFebruary 9, 20266 min read
News Bombay High Court upholds mandatory pre-deposit under SARFAESI for mortgagor appealing procedural orders—“Section 18 applies to any order; mortgagor falls within borrower”; writ petition dismissed RawlawFebruary 9, 20266 min read
News Bombay High Court refuses impleadment of auction purchaser in execution — ‘SARFAESI buyer liable only for dues attached to secured assets, not business liabilities of defaulting society’ RawlawDecember 7, 20257 min read
News Delhi High Court refuses to interfere with DRAT’s interim order — “writ jurisdiction cannot bypass SARFAESI appellate framework”; directs borrower to pursue statutory remedy RawlawNovember 20, 20257 min read
News Kerala High Court holds that “pre-deposit cannot exceed the very subject matter of the appeal” — Court clarifies that fixation of pre-deposit under SARFAESI must reflect judicial reasoning and cannot become an onerous barrier to appellate review RawlawNovember 12, 20255 min read
News High Court of Madras: “Courts must not disturb confirmed auctions on technicalities” powerful ruling upholding SARFAESI Section 13(4) auction despite borrower’s objections RawlawNovember 8, 20255 min read
