Patra's LAW Chambers

Patra's LAW Chambers 1. Join for Various Legal News updates ;
2.

For Legal services at the Supreme Court, High Courts, NCLT, SAT, CAT, RCT, Civil, Criminal, Family, Company, Various Certification & IP matters.

12/08/2026

Does your spouse claim maintenance despite being highly educated and financially independent? Here's a judgment every husband facing a maintenance case should know about.

The Delhi High Court, in Ashutosh Rai Asthana v. Yamita Rai Asthana [CRL.REV.P.(MAT.) 122/2024, decided 11.08.2026], reduced a wife's interim maintenance from ₹30,000 to ₹25,000 per month.

The wife held an MBA in Finance and diplomas in Astrology — qualifications the Court held made her "truly capable of earning for herself." She also earned ₹10,450/month in rental income and ₹4,400/month in FD interest, and lived rent-free in a three-bedroom flat purchased by the husband.

Meanwhile, the husband alone was bearing the education and living costs of both children, including his elder daughter's expensive MBBS course, and was already voluntarily paying ₹20,000/month even before any court order.

The Family Court, the High Court noted, had "tilted solely towards the income of the petitioner" without weighing these factors. Correcting this, the High Court reaffirmed that maintenance under Section 125 exists to prevent destitution — not to override a spouse's own qualifications, income, and earning capacity.

This is for husbands, family law litigants, and anyone navigating maintenance proceedings.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

10/08/2026

Supreme Court: Long Delay Is Enough to Refuse Specific Performance of a Sale Agreement

Signed an agreement to buy property twenty years ago — can you still force the sale today? The Supreme Court just answered that question, and the answer will surprise a lot of people sitting on old agreements.

In this case, a buyer and seller signed an Agreement to Sell in 2004 for a property in the Nilgiris, Tamil Nadu, valued at over ₹2 crore. Payments were made, disputes arose, and the matter dragged through the Trial Court, then the High Court, and finally reached the Supreme Court — by which time more than two decades had passed. During that time, the seller had grown elderly, and the buyer's husband, who had negotiated the deal, had passed away.

The Supreme Court held that specific performance — the remedy that forces a party to actually go through with a sale — is a discretionary and equitable relief, not an automatic right, even where the agreement itself is valid. Relying on its earlier rulings in Saradamani Kandappan and Nanjappan, the Court held that such a long lapse of time works against granting this relief, because compelling a property transfer after two decades, given the changed circumstances of both parties, would not be fair or equitable.
The Court accordingly restored the Trial Court's original order — refund of the advance amount with interest, but no transfer of the property itself. (Civil Appeal Nos. 7825-7828 of 2013)

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

05/08/2026

Is the bank about to auction your property for less than it's worth?

Most borrowers assume the reserve price fixed by the bank is final and beyond question. It isn't. Under Rule 8(5) of the Security Interest (Enforcement) Rules, 2002, the reserve price must be based on a proper valuation report from an approved valuer — and tribunals have repeatedly held that a bank cannot fix the reserve price below its own valuer's assessed figure without justification.

Valuation reports typically give three different figures — fair market value, realizable value, and distress/forced sale value. The reserve price should have a rational connection to these, not be arbitrarily low. Reliance on outdated government circle rates instead of real market evidence is also a valid ground of challenge.

If the valuation report was never shared with you despite request, or the reserve price appears unreasoned or arbitrary, you can challenge it before the Debts Recovery Tribunal under Section 17 of the SARFAESI Act. Timing is critical — under the amended Section 13(8), this must generally be done before the auction sale notice is published, since the right of redemption ends once it is.

This is important for anyone who has received a Section 13(2) demand notice or possession notice from a bank and fears their property may soon be auctioned.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

04/08/2026

Did the bank auction your house — and pocket more than you owed?

Many borrowers never find out how much their property actually sold for once a bank auctions it under SARFAESI. The assumption is simple: "the bank recovered its dues, so the matter is over." That assumption can cost you real money.

Under Section 13(7) of the SARFAESI Act, 2002, once the secured creditor (the bank) has fully recovered its outstanding dues, along with costs, charges, and expenses of the sale, from the auction proceeds — any surplus amount left over legally belongs to the borrower. It does not belong to the bank.

In practice, this surplus often goes unclaimed simply because the borrower never asks for the sale certificate or the full accounting of how the proceeds were applied. Indian courts have repeatedly reinforced that this surplus is a statutory right, not a discretionary favour from the bank.

This is important for anyone whose residential, commercial, or agricultural property has been sold through a bank auction — whether recently or in the past few years.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]

02/08/2026

Judgment Reserved But Not Delivered? Supreme Court Fixes a Deadline!!
Waiting months for a judgment that was reserved long ago? Wondering if there's anything you can actually do about it?
In Pila Pahan @ Peela Pahan & Ors. v. State of Jharkhand & Anr., Writ Petition (Crl.) No. 169/2025 with connected matters, reported as 2026 INSC 604, decided on 29 May 2026 — the Supreme Court of India, led by Chief Justice Surya Kant, addressed a nationwide problem of matters reserved by High Courts but left unpronounced for years.
The case arose from petitioners who had been convicted and sentenced to life imprisonment, whose criminal appeals were reserved by a High Court in early 2022 but remained undecided for years. On probing further, the Supreme Court found this delay repeated itself across High Courts throughout the country
The Court held that such delay strikes at the right to life and personal liberty under Article 21, and, exercising its powers under Article 142, laid down binding guidelines: reserved judgments must ordinarily be pronounced within three months; bail matters must be treated with far greater urgency; automated monthly monitoring must alert Chief Justices to pending reserved judgments; and any litigant may now apply for early pronouncement after three months, or seek reassignment to another Bench if the delay crosses three and a half months.
⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

01/08/2026

Did you know that once an auction sale notice is published, you lose your ABSOLUTE right to redeem your property?

Borrowers ask this question again and again: can an auction sale notice be challenged? The answer is yes — but only on limited grounds, such as procedural violations or failure to serve proper notice on the borrower.

What most people miss is this: the Supreme Court has categorically held that the absolute right of redemption exists only before the auction sale notice is published, not after. Once that notice goes out under the SARFAESI Rules, the borrower can no longer claim redemption as a matter of right — relief at that stage depends entirely on showing specific procedural lapses in the auction process.

This distinction changes the entire approach when moving the DRT on an auction sale challenge, and knowing it in advance can save valuable time and strategy.

This is important for every borrower facing an auction sale notice, or considering challenging one before the DRT.

⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

29/07/2026

Biggest Mistake Borrowers Make: Missing These 3 DRT Windows1
Did you know there are exactly THREE stages when you can legally move the Debt Recovery Tribunal against your bank?
Most borrowers under SARFAESI proceedings make one costly mistake — they wait until possession is actually taken before thinking about their legal options. By then, several opportunities to challenge the bank's action have already passed.
The law gives you three distinct windows to approach the DRT under Section 17 of the SARFAESI Act, 2002:
1. When the bank issues a notice under Section 13(2)/13(4) — you can challenge the classification of the account or the demand itself.
2. When the District Magistrate, acting under Section 14, passes an order permitting the bank to take physical possession of the secured asset.
3. When an auction purchaser is brought in and the sale proceeds without proper notice being served on you.
The Supreme Court, in Mardia Chemicals Ltd. v. Union of India, (2004) 4 SCC 311, has confirmed that borrowers have a clear statutory right to move the DRT at these stages.
This is important for every borrower or mortgagor currently facing recovery proceedings under SARFAESI.
⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram
Instagram:

18/07/2026

Renting a defaulter's property? The bank still can't throw you out without a hearing.
Many tenants believe that once a SARFAESI notice appears on the property they're renting, they have no choice but to vacate immediately. That's simply not true.
Under the SARFAESI Act, 2002, before a secured creditor (bank/financial institution) can take physical possession of mortgaged property, any person in possession — including a tenant — has the right to be heard before the District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) under Section 14. If you claim a tenancy that existed before the mortgage was created, or before the Section 13(2) demand notice was issued, that claim must be examined before you can be dispossessed.
The Supreme Court, in Harshad Govardhan Sondagar v. International Asset Reconstruction Co., (2014) 6 SCC 1, held that a secured creditor cannot take over possession of a secured asset where lawful possession rests with a lessee under a valid lease, until that lease is validly determined in accordance with law. The Court also recognised the tenant's right of appeal to the Debt Recovery Tribunal under Section 17. IndiaCorpLaw
It's important to note: courts have since clarified that this protection isn't automatic. Independent, reliable evidence proving continuous possession and a valid tenancy before the creation of the security interest is what matters — rent receipts, utility bills, tax records, and where the lease exceeds one year, a registered instrument. The Indian Lawyer
This is important for anyone renting property where the landlord has taken a bank loan against that same property.
⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

17/07/2026

Biggest Mistake Borrowers Make With Arbitration Clauses in Loan Agreements!
Did you know your bank could freeze your account before you even get to defend yourself?
Many loan agreements — personal, business, or property loans — carry a quiet arbitration clause. Instead of going through the Debts Recovery Tribunal under the SARFAESI Act's own safeguards, banks sometimes invoke this clause, appoint their own arbitrator, and secure an interim order freezing the borrower's funds or assets almost overnight.
This is not the end of the road for a borrower. The Supreme Court in Perkins Eastman Architects DPC v. HSCC (India) Ltd., (2020) 20 SCC 760 held that a party with an interest in the outcome — like the bank itself — cannot unilaterally appoint the arbitrator. Such an appointment is open to challenge.
Separately, in Central Organisation for Railway Electrification v. ECI-SPIC-SMO-MCML (JV), 2024 SCC OnLine SC 3219, a Constitution Bench of the Supreme Court held that arbitrator appointments must come from a fair, broad-based panel — not one curated entirely by the interested party.
Taken together, these grounds — unilateral appointment, absence of a proper panel, and lack of a fair hearing before the freezing order was passed — can form the basis of a High Court challenge to set aside such an interim order.
This is important for anyone who has taken a personal, business, or property loan and signed an agreement containing an arbitration clause.
For legal consultation, call +91 890 222 4444 or visit www.patraslawchambers.com
⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

16/07/2026

Filed an FIR and the police have gone silent? You're not powerless.
Many people believe that once an FIR is registered, the case is entirely in the hands of the police — and if the investigation stalls, drags on, or seems to favour the accused, there's nothing left to do. That's simply not true.
Indian courts have repeatedly recognised that a complainant whose case is being investigated improperly — whether due to delay, failure to collect evidence, reluctance to arrest the accused, or investigation under undue influence — can approach the High Court through a writ petition to challenge that police inaction.
Once such a petition is filed, courts routinely direct the concerned police station and the investigating officer to submit a report detailing the progress made, the steps taken toward arrest, and even the justification for any search or seizure carried out during the probe.
This route has been used effectively to compel a genuinely independent investigation, particularly in cases where influence or pressure is suspected. In Sakiri Vasu v. State of U.P., the Supreme Court affirmed that constitutional courts can monitor and direct a stalled or improper investigation.
This is important for anyone who has filed an FIR and feels their case is not being investigated fairly or promptly.
For legal consultation, call +91 890 222 4444 or visit www.patraslawchambers.com
⚖️ Creditor and Contributor: Patra's Law Chambers
Founded by Advocate Sudip Patra | Supreme Court & Calcutta High Court
🎓 IIT Kharagpur | IIM Calcutta Alumnus
📍 Kolkata: NICCO HOUSE, Hare Street | Delhi: Paharganj
🌐 www.patraslawchambers.com | 📞 +91 890 222 4444
📧 [email protected]
🎬 on YouTube / Facebook / Instagram

Address

Nicco House, 6TH FLOOR, 2, Hare Street , B. B. D. Bagh Kolkata
Kolkata
700001

Telephone

+918250422880

Website

Alerts

Be the first to know and let us send you an email when Patra's LAW Chambers posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Patra's LAW Chambers:

Shortcuts

Share

Category