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May 26, 2025 at 06:40 AM
*Supreme Court important judgment*
*Section 11 of the SARFAESI Act is mandatory in nature | There is no requirement of existence of a written arbitration agreement under Section 11 of the SARFAESI Act, 2002 | Section 2(f) of the SARFAESI Act, 2002 does not leave out the entities who are banks but taking the loans in the capacity of a borrower*
Read here IBC Laws Case Summary: https://ibclaw.in/bank-of-india-vs-sri-nangli-rice-mills-pvt-ltd-and-ors-supreme-court/
This summary covers:
A. Scope and ambit of Section 11 of the SARFAESI Act, 2002
B. Meaning of the expression “non-payment of any amount due including interest”
C. Section 11 of SARFAESI Act, 2002 will not apply to disputes between Bank(s), Financial Institution(s), ARC(s) or Qualified Buyer(s), who are otherwise a Borrower
D. Definition of ‘Borrower’ in Section 2(f) of the SARFAESI Act
F. There is no requirement of existence of a written arbitration agreement under Section 11 of the SARFAESI Act
G. Section 11 of the SARFAESI Act is mandatory in nature
H. Conclusion
I. Disposed of
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