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Demand Notice

Non-Service of Demand Notice and Irregularities in Auction Sale: DRAT Remands Matter for Fresh Decision [Read Order]

The borrower contended that no demand notice under Section 13(2) of the SARFAESI Act was served, and that the auction was conducted at a throw‑away...

Failure to Serve Possession & Sale Notices on Corporate Guarantor: DRAT Upholds DRT Order, Dismisses...

CCI Cannot Levy Interest without Demand Notice as per Regu. 3: Delhi HC rules in Favor of Geep...

NCLAT Dismisses Section 9 Application for Non-Service of Demand Notice u/s 8 [Read Order]

Demand Notice Issued During Stay Period is invalid: Delhi HC Quashes CCI's Demand for Interest on...

Demand Notice to Personal Guarantors Mandatory: NCLAT allows appeal of SBI [Read Order]

In a recent ruling, the Chennai bench of the National Company Law Appellate Tribunal (NCLAT) set aside orders passed by the National Company Law Tribunal (NCLT), Amaravati Bench which was rejecting...

NCLT Upholds Rs. 1.03 Crore Operational Debt Despite 24% Interest Challenge, Initiates CIRP u/s 9 [Read Order]

The Ahmedabad bench of the National Company Law Tribunal (NCLT) held that under Section 9(5) of the IBC, 2016, a dispute limited to interest does not amount to a pre-existing dispute and therefore...

Cheque Bounce Cases Fail if Demand Notice Mentions Wrong Amount: Supreme Court [Read Order]

In a recent judgment, the Supreme Court of India ruled that a cheque bounce demand notice is invalid if it mentions an amount different from the actual cheque amount. The case arose from a...

Income Tax Appeal on Demand Notice issued Pending before ITAT: Calcutta HC Directs to dispose expeditiously [Read Order]

The Calcutta High Court directed the Income Tax Appellate Tribunal (ITAT) to expeditiously dispose of the challenge on the Income tax demand notice which was pending . A.D. Electrosteel...

Relief to Karnataka Bank Ltd: DRAT upholds order on finding affixture of sale notice was not proved [Read Order]

The Chennai bench of the Debts Recovery Appellate Tribunal (DRAT) upheld the order in favour of Karnataka Bank Ltd on finding affixture of the sale notice was not proved. The tribunal viewed that...

DRAT directs Borrowers to pay to Canara Bank Rs.10.50 Cr towards Loan Due [Read Order]

The Chennai bench of the Debts Recovery Appellate Tribunal(DRAT) directed the borrowers to pay to Canara Bank Rs.10.50 Cr towards loan due considering the fact that the borrowers by not taking any...

Borrower must disclose being MSME to Avail Benefit: Supreme Court clarifies in MSME-SARFAESI Connected Case [Read Order]

The Supreme Court has recently declined to entertain a writ petition by an MSME borrower seeking to halt SARFAESI enforcement, while clarifying how the 2015 MSME revival framework and the SARFAESI...