Search Results for "RDDBFI Procedure Rules"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "RDDBFI Procedure Rules"

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High Court

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Refusing to Include Third-Party Properties in Recovery Certificate Under Section 19 of RDB Act. The court held that the DRT has no jurisdiction to include properties of persons who are not parties to the original application or guarantors, and the remedy lies before the civil court.

12 Dec 2024

The petitioners, M/s. SSA Constructions (a partnership firm) and its managing partner, obtained loan facilities from Andhra Bank (Respondent No. 1). T...

High Court

High Court Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Court Fees Act, 1870 Section 13. The Debt Recovery Tribunal has inherent power to order refund of court fees under Section 13 of the Court Fees Act, 1870 when the main petition is disposed of as infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India challe...

High Court

High Court of Karnataka Allows Refund of Court Fees in DRT Proceedings When Main Petition Becomes Infructuous — Section 16 of the Court Fees Act, 1870 Applicable. The court held that the DRT erred in rejecting the refund application without considering Section 16 of the Court Fees Act, 1870, which provides for refund when a case becomes infructuous.

19 Nov 2024

The petitioners, Sri Narayana Murthy H M and Smt. Chandrakala R., filed a writ petition under Articles 226 and 227 of the Constitution of India before...

High Court

Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

4 Sep 2023

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Customs Duty Priority Dispute Over Wound-Up Company's Hypothecated Goods. Held that customs authorities do not have priority over secured creditors under Section 529A of Companies Act, 1956 for sale of warehoused goods under Customs Act, 1962.

1 Sep 2023

The appeal by Industrial Development Bank of India (IDBI) challenged the judgment of the Andhra Pradesh High Court which held that customs authorities...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Case — Civil Suit Not Barred Under Section 34 When Challenge is to Mortgage Validity and Bank's Actions, Not Recovery Proceedings. The court held that the bar under Section 34 of the SARFAESI Act does not apply to a suit seeking declaration of title and challenging the validity of a mortgage, as such issues are not within the jurisdiction of the Debt Recovery Tribunal.

16 Jul 2021

The appellant, Smt. Nanjamma, filed a civil suit (O.S.No.3780/2017) before the XXII Additional City Civil and Sessions Judge, Bengaluru, seeking a dec...

High Court

High Court of Karnataka Dismisses Appeal Against Rejection of Cross-Examination Application in DRT Proceedings — Failure to File Evidence Affidavit Justifies Denial of Cross-Examination Under Rule 12(6) of RDDBFI (Procedure) Rules, 1993.

26 Nov 2014

The appellants, M/s Perfect Polybaags Private Ltd. and its directors, were defendants in Original Application No.239/2011 pending before the Debt Reco...

High Court

Bombay High Court Permits Official Liquidator to File Criminal Complaint Under Section 454 of Companies Act, 1956 Against Ex-Directors for Non-Filing of Statement of Affairs. Court Directs Ex-Directors to Deposit Rs. 11,30,743/- as Estimated Cost of Investigation.

1 Aug 2014

The Bombay High Court considered an Official Liquidator's Report (OLR No. 5 of 2013) in the winding up of Phoenix Alchemy Pvt. Ltd. The company was or...

High Court

High Court of Karnataka Dismisses Writ Petitions Challenging DRAT Order in Debt Recovery Matter — Maintainability of Appeal Under Section 18 of RDDBFI Act, 1993. The court held that an appeal against an interim order under Section 17 of the Act is maintainable before the Debts Recovery Appellate Tribunal under Section 18, and the Tribunal's order refusing to waive pre-deposit was not perverse or without jurisdiction.

23 Jun 2014

The petitioners, M/s. IDEB Projects Pvt Ltd and others, filed writ petitions under Article 227 of the Constitution of India challenging an order dated...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Orders on Limitation Act Applicability to RDDBFI Act Appeals. Court Holds Section 5 of Limitation Act Applies to Appeals Under Section 30 of RDDBFI Act, Rejecting Petitioners' Argument That Special Statute Excludes Limitation Act.

13 Oct 2011

The petitioners, owners of apartments in Jupiter Complex, Nagpur, challenged orders of the Debts Recovery Tribunal (DRT) and Debts Recovery Appellate ...

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