Provision for mandatory pre-deposit under section 18 of the SARFAESI Act as also under section 21 of the RDB Act is made specifically for appeals preferred by the borrowers, guarantors or mortgagors and not by secured creditors or banks and financial institutions – State Bank of India Vs. M/s. P. K. Thakker Construction Pvt. Ltd. – DRAT Mumbai

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Merely because a party has approached Competition Commission of India or is a corporate debtor in the proceedings before the NCLT, cannot be held to be a bar to raise the disputes for adjudication by way of arbitration – Parsoli Motors Works Pvt. Ltd. Vs. BMW India Pvt. Ltd. – Delhi High Court

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The right to apply under the IBC would accrue on the date when default occurs and it is extendable only by application of Section 5 of the Limitation Act and it is incumbent on the Adjudicating Authority to consider the claim for condonation of the delay when once the proceeding concerned is found filed beyond the period of limitation – Sabarmati Gas Ltd. Vs. Shah Alloys Ltd. – Supreme Court

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If Secured Financial Creditors have assigned their entire debt from the Borrower to the Successful Resolution Applicant under a Resolution Plan, they cannot invoke the Personal Guarantees after approval of the Resolution Plan – State Bank of India Vs. Mr. Prashant S. Ruia – DRT Ahmedabad Bench (DRT-1)

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