Search Results for "DRAT order"

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Search Results for "DRAT order"

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High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Auction Sale for Lack of Alternative Remedy. Petitioner's challenge to auction sale of secured assets fails as remedy under Section 17 of SARFAESI Act before DRT was not exhausted.

10 Dec 2013

The petitioner, Umang Sugars Private Limited, filed a writ petition before the Bombay High Court challenging the auction sale of movable and immovable...

High Court

High Court of Bombay Considers Auction Purchaser's Writ Petition for Physical Possession Under SARFAESI Act. Petition Filed by Auction Purchasers Seeking to Enforce Registered Sale Certificate and Section 14 Order Despite Borrower's Pending Appeal Against DRT Order.

28 Jul 2026

The writ petition was filed by auction purchasers who had purchased a secured asset in an e-auction conducted by respondent No.2 bank under the SARFAE...

High Court

Bombay High Court Declares Assignment of Assets by Ex-Director Void Under Sections 536(2) and 537(1)(b) of Companies Act, 1956 — Post-Winding Up Sale Without Court Leave Invalid. The court held that any disposition of company property after winding up without court approval is void, and subrogation does not permit sale of assets without leave of the court.

21 Oct 2015

The judgment concerns two reports filed by the Official Liquidator seeking a declaration that a Deed of Assignment dated 14.03.2012 executed by Mr. Sh...

High Court

Bombay High Court Dismisses Writ Petition Against DRT Order Rejecting Stay of Possession Under Securitisation Act — Section 31(j) Not Applicable to IFCI as It Is Not a Financial Institution Under State Financial Corporations Act.

29 Apr 2026

The petitioners, M/s. Citron Infraprojects Limited and its director, filed a writ petition before the Bombay High Court challenging an order of the De...

High Court

Bombay High Court Allows Bank's Petition Challenging Joint Application Requirement for Refund of Court Fees in DRT — Rule 5 of Refund Rules Struck Down as Ultra Vires. The requirement of a joint application by the applicant and defendant for refund of court fees was held arbitrary and beyond the rule-making power under the Recovery of Debts and Bankruptcy Act, 1993.

9 Jun 2023

The petitioner, Yes Bank Limited, a bank governed by the Banking Regulation Act, 1949, had advanced a loan to a borrower who defaulted. The bank filed...

Supreme Court

Supreme Court Sets Aside High Court Order Waiving Predeposit for Appeal Under SARFAESI Act. Mandatory Deposit Under Section 18 Cannot Be Waived Even by High Court Under Article 226.

2 Mar 2020

The Supreme Court considered appeals against the Bombay High Court's order dated 25.11.2019 and 16.12.2019, which had relegated the appellant (Union B...

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 Reviews Trial Court Order on Memo and Injunction Application in Pending Partition Suit. Plaintiff Challenges Order Allowing Bank's Memo and Rejecting Interim Relief Under Order XXXIX Rules 1 and 2 CPC.

24 Aug 2023

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High Court

Bombay High Court Dismisses Writ Petition by Kotak Mahindra Bank Seeking Priority Over Secured Creditors in Liquidation Proceeds of Hukumchand Mills Ltd. The Court held that the Official Liquidator's decision to distribute sale proceeds among secured creditors in accordance with Section 529A of the Companies Act, 1956 was correct and that the petitioner, as an unsecured creditor, was not entitled to priority.

30 Nov -0001

The petitioner, Kotak Mahindra Bank Limited, filed a writ petition challenging the decision of the Official Liquidator of Hukumchand Mills Ltd. to dis...

High Court

Bombay High Court Considers Winding Up Petition Under the Companies Act, 1956, on Grounds of Loss of Substratum and Insolvency Due to Quashing of 2G Licenses; Final Disposition Not Extracted. Allegations of Dysfunctional Board and Insolvency Form Basis of Just and Equitable Winding Up Claim.

20 Feb 2015

This Company Petition was filed by Etisalat Mauritius Ltd. (Petitioner), a wholly owned subsidiary of Emirates Telecommunications Corporation, seeking...

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