Search Results for "DRT Procedure Rules"

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Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale — Alternative Remedy Under Section 17 Held Efficacious. No Interference Under Article 226 in Absence of Fraud or Collusion.

The petitioner, Buniya Devi Chauhan, through her power of attorney holder Dharmendra Shambhunath Chauhan, filed a writ petition under Article 226 of t...

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Supreme Court Upholds High Court's Decision on Auction Sale: Statutory Violations Render Sale Null and Void. Despite recognizing significant procedural breaches, the Supreme Court offers the appellant a chance to retain the industrial property by settling liabilities.

The legality of an auction sale conducted by the Tahsildar and confirmed by the Additional Collector, which was later contested on the grounds of stat...

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Bombay High Court Dismisses Review Petition with Costs in Arbitration Appointment Case. Review Petition Found Misconceived, Mischievous, and Vexatious Under Commercial Courts Act, 2015.

The Bombay High Court dismissed a Review Petition filed by Priyanka Communications (India) Pvt Ltd and others (the Agarwals) against an order appointi...

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Bombay High Court Dismisses Petition Challenging Rejection of Discharge Application in CBI Bank Fraud Case — Petitioner Failed to Make Out a Case for Discharge Under Section 227 CrPC as Prima Facie Evidence of Conspiracy and Fraud Existed.

The petitioner, Nandlal Chaturvedi, filed a criminal writ petition under Article 227 of the Constitution of India challenging an order dated 29 Januar...

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Bombay High Court Dismisses Tenant's Petition Against Bank's Possession in SARFAESI Proceedings — Tenancy Dispute Must Be Adjudicated by DRT, Not Magistrate Under Section 14 of SARFAESI Act.

The petitioner, Amit Mohan Bhatia, claiming to be a tenant of a property secured by Maratha Sahkari Bank Ltd., filed an intervention application befor...

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Bombay High Court Dismisses Writ Petition Challenging DRT Recovery Officer's Confirmation of Private Sale. Court Holds That Once Sale Is Confirmed and Possession Delivered, Remedy Lies in Civil Suit for Damages, Not in Writ Jurisdiction Under Articles 226 and 227 of Constitution of India.

The petitioners, Shaikh Gulab Shaikh Ahmed and Ambadas Maruti Kale, filed a writ petition under Articles 226 and 227 of the Constitution of India chal...

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Bombay High Court Dismisses Appeal by Lenders Against Order Setting Aside Sale of Mortgaged Property Under SARFAESI Act — Held That Sale Was Not Conducted in a Fair and Transparent Manner and That the Borrower Was Not Given Adequate Notice of the Sale.

The case involves an appeal by a consortium of banks and a trustee company (the lenders) against an order of the Debt Recovery Tribunal (DRT) setting ...