Search Results for Tag : secured asset

News

SC: Time Limit Stipulation Mandating DM to Deliver Possession of Secured Asset Only Directory(06.11.2020)

Supreme Court has held that time limit stipulation in Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Secur.....

Tags : Supreme Court, Delivery of Possession of Secured Asset

Delhi HC: No Requirement for CMM to Fix Time Limit for Taking Possession of Secured Asset(17.12.2021)

Delhi High Court has held that there is no requirement or justification for a Chief Metropolitan Magistrate to fix a time limit for taking possession .....

Tags : Delhi High Court, Fix Time Limit for Taking Possession of Secured Asset

Judgments

District Magistrate or Chief Metropolitan Magistrate can appoint an advocate and authorise him/her to take possession of the secured assets under Section 14(1A) SARFAESI Act(25.02.2022)

The seminal question involved in present cases is whether it is open to the District Magistrate or the Chief Metropolitan to appoint an advocate and a.....

Tags : Possession, Secured assets, Authorization

When a public functionary is required to perform a public function within a time frame, the same will be held to be directory unless specified(05.11.2020)

The challenge in the present appeal is to an order passed by the High Court, whereby it was held that Section 14 of the Securitisation and Reconstruct.....

Tags : Secured Assets, Possession, Time limit

Company Court to not wield power at winding-up under SARFAESI(29.12.2015)

Provisions of the Companies Act, 1956 in respect of dues of workmen and their protection are incorporated under the Securitisation Act, 2002 and legal.....

Tags : Sarfaesi, companies act, conditions, secured asset

Only expressly created statutory first charges under Central and State laws can take precedence over claims of secured creditors(04.12.2019)

Present appeal arises out of judgment passed by High Court. Vide the impugned judgment, the High Court has directed the issuance of a recovery certifi.....

Tags : Sale, Secured assets, Proceeds