Search Results for "Reconstruction"

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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 "Reconstruction"

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High Court

Bombay High Court Allows Petition Against Demolition of Industrial Shed Without Notice — Violation of Natural Justice and Statutory Procedure Under MMC Act, 1888. The court held that demolition without prior notice under Sections 351, 354, and 488 of the Mumbai Municipal Corporation Act, 1888, is illegal and void.

8 Sep 2023

The petitioner, Raj Bucket Factory, a registered partnership firm, filed a writ petition challenging the demolition of its industrial shed by the Muni...

High Court

Bombay High Court Dismisses Employees' Union's Claim for Priority Over Secured Creditor in Non-Functional Company. The court held that under the SARFAESI Act, the secured creditor's rights prevail over employees' dues when the company is not wound up, but directed sympathetic consideration of employees' claims.

30 Aug 2022

The writ petition was filed by Khandelwal Tube Mill Kamgar Sangh, a registered trade union representing employees of Khandelwal Tube Mill (the Company...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Asset Reconstruction Company's Appeal Against Auction Sale Set Aside Due to Lack of Jurisdiction and Limitation. The Court upheld the DRAT order dismissing the appeal as barred by limitation and on merits, confirming the auction sale in favour of the respondent.

11 Feb 2022

The petitioner, Phoenix ARC Pvt. Ltd., an asset reconstruction company registered under the SARFAESI Act, 2002, filed a writ petition challenging the ...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Allows MCGM to Construct Public Toilet on Reserved Plot, Sets Aside Injunction. Trial Court's Interim Order Restraining Construction of Public Toilet on CTS No. 418 Was Passed Without Considering Statutory Reservation Under MRTP Act and DCR 33.

18 May 2021

The case involves an appeal by the Municipal Corporation of Greater Mumbai (Defendant No. 1) against an interim injunction granted by the City Civil C...

High Court

Bombay High Court Allows Writ Petition Against DIC and Sales Tax Department for Refusing Transfer of Property Purchased in SARFAESI Auction — Auction Purchaser Not Liable for Previous Owner's Sales Tax Dues. The court held that the auction purchaser under the SARFAESI Act acquires clear title free from prior encumbrances, and the DIC cannot insist on NOC from Sales Tax for transfer of property.

18 Feb 2021

The petitioner, Medineutrina Pvt. Ltd., purchased an immovable property (plot no.206, MIDC, Butibori, Nagpur) in an auction conducted by Punjab Nation...

High Court

Bombay High Court Allows Writ Petition of Asset Reconstruction Company in SARFAESI Act Matter — DRAT Order Setting Aside Condonation of Delay Quashed. The Court held that the guarantor's delay in filing claim affidavit was not inordinate and the DRT's discretion to condone delay should not have been interfered with, ensuring adjudication on merits.

29 Oct 2020

The petitioner, International Asset Reconstruction Co Pvt Ltd, an asset reconstruction company acting as trustee of IARC-BOB-01/07 Trust, filed a writ...

High Court

Bombay High Court Dismisses Petition Challenging Injunction Orders in Property Dispute — Mundkar Rights and Possession Prima Facie with Respondent. The court upheld the dismissal of temporary injunction as the respondent established mundkar rights and possession through survey records, and the petitioner failed to show better title or possession.

4 Oct 2012

The petitioner, Shri Shantadurga Kumbarjuvenkarin Devasthan, filed a writ petition challenging the orders of the courts below dismissing its applicati...

High Court

Bombay High Court Allows Tenant's Revision in Rent Control Dispute — Landlord Estopped from Denying Tenancy After Accepting Status and Giving Undertaking for Alternate Accommodation. Principle of Estoppel Under Section 116 of Indian Evidence Act, 1872 Applied to Prevent Landlord from Resiling from Earlier Admissions.

10 Jan 2012

The petitioner, Pius Bonaventure Fernandes, was a tenant of residential premises in 'Gorden House', Mumbai, owned by Manu Narang (predecessor of respo...

High Court

Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act.

1 Jul 2011

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to depos...

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