PMLA would cease to have the power to attach the property at this juncture when the order of the Liquidation under IBC has already been passed – Mr. Satyendra P. Khorania Liquidator of M/s Emgee Cables and Communications Ltd. Vs. Deputy Director, Jaipur Zonal Office, Directorate of Enforcement – NCLT Jaipur Bench

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Since Auction Purchaser failed to deposit balance 75% of the bid amount and 25% EMD amount stood forfeited by bank, DRT cannot allow the Auction Purchaser to participate in any fresh bid without insisting upon fresh EMD – Union Bank of India Vs. Dheeraj Popli – DRAT Delhi

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Bank cannot report the name of Willful Defaulters directly to RBI/CIBIL without providing copy of the order passed by Identification Committee and giving opportunity of hearing – Hans Ispat Ltd. Vs. Bank of Baroda – Gujarat High Court

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In case if sale consideration has not been deposited and the purchaser has been found to be in default, the property shall be sold again as has been referred under Rule 9 of the Security Interest (Enforcement) Rules, 2002 – Raj Kumari Kanoi Vs. Chairman-cum-Managing Director, Allahabad Bank and Ors. – Jharkhand High Court

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A bare perusal of Sections 17, 18, 19(19), 31 and 34 of Recovery of Debts & Bankruptcy Act, 1993 shows that the DRT is having exclusive jurisdiction to deal with the recovery of the secured creditors and is having an overriding effect over all other laws – The Specified Undertaking of The Unit Trust of India Vs. M/s Derby Textiles Ltd. – Rajasthan High Court

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