The remedies available to a lender for enforcing a Security Interest cannot be encroached upon by any Arbitral mechanism provided in section 11 of the SARFAESI Act – Bell Finvest India Ltd. & Ors Vs. AU Small Finance Bank Ltd. – Delhi High Court

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Even if the Financial Creditor has not brought any relevant material on record, the Corporate Debtor who has to defend its case has every right to raise all pleas permissible in law to oppose the Application under Section 7 of the IBC – Shri Rakesh Bindal & Ors. Vs. M/s. B.P. Bansal Agritech Pvt. Ltd. & Anr. – NCLAT New Delhi

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Even if the decree is passed, the date of default cannot be shift forward to the date of decree or date of payment for execution as a decree can be executed within specified period i.e. 12 years- V. Padmakumar Vs. Stressed Assets Stabilisation Fund (SASF) & Anr. – NCLAT

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