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Search Results for "Saraswat Bank"

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High Court

Bombay High Court Quashes Reassessment Notice for Co-operative Bank Due to Lack of Failure to Disclose Material Facts — Reassessment Initiated Beyond Four Years Invalid Under Section 147 Proviso. The Court held that the Revenue's reasons for reopening were based on a mere change of opinion on the same disclosed facts, failing to satisfy the jurisdictional precondition of failure to disclose fully and truly all material facts.

26 Aug 2024

The Petitioner, The Saraswat Co-operative Bank Ltd., filed a Writ Petition challenging a reassessment notice dated 30 March 2021 issued under Section ...

High Court

Bombay High Court Directs Collector to Provide Administrative Assistance Under Section 14 of SARFAESI Act for Recovery of Secured Assets. Failure to Act Expeditiously on Applications Under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 Constitutes Breach of Statutory Duty, Warranting Writ of Mandamus Under Article 226 of the Constitution of India.

28 Jul 2011

The Saraswat Cooperative Bank Limited filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court seeking direct...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Allows Bank's Revision Against Rejection of Application to File Written Statement in Suit for Recovery of Loan Amount. The Court held that the trial court erred in rejecting the bank's application under Order 8 Rule 1 CPC for condonation of delay in filing written statement, as the bank had shown sufficient cause for the delay.

1 Jul 2010

The Saraswat Co-operative Bank Limited (formerly Maratha Mandir Co-operative Bank Limited) filed a Civil Revision Application before the Bombay High C...

High Court

Bombay High Court Upholds Public Interest Petition and Directs Expeditious Disposal of Section 14 SARFAESI Applications by Magistrates. Section 14 Powers Are Ministerial and No Notice to Borrower Is Required, Emphasizing Need to Recover Public Money Quickly.

20 Aug 2011

The matter originated as a Criminal Writ Petition filed by International Asset Reconstruction Company Private Limited, an asset reconstruction company...

High Court

High Court of Bombay Dismisses Petition Challenging Arbitral Award Against Collecting Banker in Pay Order Fraud Case. Bank Liable for Conversion Due to Negligence in Collecting Pay Order with Forged Endorsement Under Section 131 of Negotiable Instruments Act, 1881.

29 Jan 2013

The petitioner, Saraswat Cooperative Bank Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging an arbitr...

Supreme Court

Supreme Court Quashes High Court's Interim Order in SARFAESI Act Case as Writ Petition Against Private Asset Reconstruction Company Not Maintainable. The Court held that writ jurisdiction under Article 226 of the Constitution of India does not lie against a private ARC, and the proper remedy is an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

12 Jan 2022

The dispute arose from writ petitions filed by borrowers, Vishwa Bharati Vidya Mandir and St. Ann's Education Society, against Phoenix ARC Private Lim...

High Court

Bombay High Court Dismisses Writ Petition Challenging Sale of Mortgaged Property by Cooperative Bank — No Material Irregularity or Fraud in Auction Sale Found. The Court held that the sale of mortgaged property under the Maharashtra Cooperative Societies Act, 1960 cannot be set aside unless the borrower demonstrates substantial injury caused by material irregularity or fraud in the conduct of the sale.

19 Aug 2015

The petitioner, Suresh Narayan Rege, had obtained a loan of approximately Rs. 22,00,000 from respondent no.1, The Saraswat Coop. Bank Ltd., for his co...

High Court

Bombay High Court Partially Allows Challenge to Arbitral Award in Banking Dispute — Upholds Liability of Company but Sets Aside Award Against Directors for Lack of Evidence. The court held that directors cannot be held personally liable for company debt without personal guarantee or specific evidence under Section 34 of the Arbitration and Conciliation Act, 1996.

17 Mar 2011

The present petition was filed under Section 34 of the Arbitration and Conciliation Act, 1996, challenging the arbitral award dated 31st March, 2006 p...

High Court

Bombay High Court Sets Aside Arbitral Award Due to Arbitrator Disqualification in Multi-State Cooperative Dispute. Failure to Disclose Bias and Withdrawal from Similar Matters Constitutes Grounds for Setting Aside Under Section 34 of Arbitration and Conciliation Act, 1996.

11 Jun 2012

The petitioner, The Saraswat Cooperative Bank Ltd., filed an Arbitration Petition under Section 34 of the Arbitration and Conciliation Act, 1996, chal...

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