Statutory transfer formalities invalidated alleged share and property transfers, while retrospective record manipulation constituted oppression and mi...
Provisional attachment of laundered funds and equivalent-value property sustained, with statutory protection limited to pension, gratuity and providen...
Insolvency moratorium does not shield company officers from cheque dishonour prosecution for liability arising before corporate insolvency proceedings...
Advance-ruling mechanism governs pending GST classification, exemption and taxability disputes, limiting writ review once the specialised forum functi...
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SC held that Section 11 of SARFAESI Act mandates statutory arbitration for disputes between banks, financial institutions, or asset reconstruction companies relating to securitization, reconstruction, or non-payment of dues. The provision creates a legal fiction presuming an arbitration agreement exists without requiring explicit written consent. The court affirmed that the dispute resolution mechanism under Section 11 is mandatory and cannot be circumvented by alternative guidelines. Consequently, the appeal was dismissed, directing the parties to resolve their dispute through arbitration as prescribed under the SARFAESI Act.
SC held that Section 11 of SARFAESI Act mandates statutory arbitration for disputes between banks, financial institutions, or asset reconstruction companies relating to securitization, reconstruction, or non-payment of dues. The provision creates a legal fiction presuming an arbitration agreement exists without requiring explicit written consent. The court affirmed that the dispute resolution mechanism under Section 11 is mandatory and cannot be circumvented by alternative guidelines. Consequently, the appeal was dismissed, directing the parties to resolve their dispute through arbitration as prescribed under the SARFAESI Act.
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