Search Results for "SARFAESI Act"

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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...
Supreme Court Hears Appeals Against Madras High Court’s Setting Aside of Alien...
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Search Results for "SARFAESI Act"

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High Court

High Court of Karnataka Allows Petitioner in Property Dispute and Electricity Disconnection Case Due to Time-Barred Municipal Action and Violation of Court Order. BBMP's Cancellation of Khata After 20 Years Held Time-Barred Under Section 114A of Karnataka Municipal Corporations Act, 1976, and BESCOM's Disconnection Notice Quashed for Disregarding Interim Status Quo Order.

26 Feb 2026

The dispute involved two consolidated writ petitions concerning property rights and administrative actions. The petitioner had acquired Flat No. 3 in ...

High Court

Madras High Court Allows Civil Revision Petition Against Trial Court's Failure to Consider Interim Injunction in SARFAESI Act Matter — Jurisdiction of Civil Court Barred Under Section 34 of SARFAESI Act, 2002.

19 Feb 2026

The petitioners, Dr. Jaishith Jebakumar Manuel and Pon Manju Usha, filed a suit (O.S.No.118 of 2025) before the Principal District Munsif, Nagercoil, ...

High Court

High Court Dismisses Applicants Revision Applications Against Multiple Borrowers in Loan Recovery Case Due to Procedural Deficiencies and Lack of Jurisdictional Error

4 Feb 2026

The High Court dismissed a series of Civil Revision Applications filed by Applicant challenging the dismissal of its applications for restoration of s...

Tribunals

NCLAT Allows Secured Creditor's Appeal Against Contribution Order in IBC Liquidation — Secured Creditor Realizing Security Under Section 52 Not Liable to Contribute to Workmen's Dues or Liquidation Costs. The court held that the waterfall mechanism under Section 53 IBC does not apply to secured creditors who opt out of the liquidation process, and Section 226(1)(b) of Companies Act, 2013 is inapplicable.

14 Jan 2025

The appeal was filed by Cosmos Co-Operative Bank Ltd., a secured creditor of Pandit Automotive Pvt. Ltd. (corporate debtor), challenging an order of t...

High Court

High Court of Karnataka Allows Canara Bank's Petition to Quash Provisional Attachment Order Under PMLA — Priority of Secured Creditor Over Enforcement Directorate Upheld. The court held that under Section 26E of SARFAESI Act, 2002, a secured creditor has priority over the Enforcement Directorate in respect of mortgaged property, and the provisional attachment under PMLA cannot defeat the rights of the secured creditor.

10 Jun 2024

The petitioner, Canara Bank, a secured creditor, had advanced loans to the third respondent, Iqbal Ahmed, who mortgaged his property in favour of the ...

High Court

Bombay High Court Directs Police to Provide Aid for Taking Possession Under Section 14 of SARFAESI Act. Bank's Application Allowed as Police Failed to Assist Court Commissioner Despite Magistrate's Order.

22 Oct 2018

The petitioner, Corporation Bank, had advanced loan facilities to M/s. Ankur Iron India Private Limited, which defaulted in repayment. The Bank initia...

High Court

High Court of Karnataka Dismisses Shareholder's Application for Official Liquidator Supervision of SARFAESI Sale — Secured Creditor's Right to Sell Under SARFAESI Act Prevails Over Company Court's Supervisory Jurisdiction. The court held that a promoter-shareholder of a company in liquidation cannot seek supervision of the sale of secured assets by a secured creditor under the SARFAESI Act, 2002, as the secured creditor has an independent right to sell without interference from the Company Court.

11 Nov 2016

The applicant, Rashmi Thakeria, a promoter-shareholder of Natural Textiles Private Limited (in liquidation), filed C.A.No.969/2015 seeking a direction...

High Court

Bombay High Court Quashes Sales Tax Attachment on Property Purchased in SARFAESI Auction — Priority of Secured Creditor Over Crown Debt. Attachment order set aside as property was sold by secured creditor under SARFAESI Act before attachment, and sales tax dues do not have priority over secured creditor's rights under Section 26E of SARFAESI Act.

16 Oct 2015

The petitioners, Sherwood Resorts Pvt. Ltd. and its shareholder, challenged an attachment order dated 29th April 2013 passed by the Sales Tax Officer ...

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...

Tribunals

NCLAT Dismisses Appeal of Personal Guarantor Against Initiation of Insolvency Resolution Process Under IBC. The Tribunal held that the Adjudicating Authority correctly admitted the application under Section 95 of the IBC as the debt was due and default occurred, and the personal guarantor's objections regarding limitation and pending proceedings were not sustainable.

30 Nov -0001

The appeal was filed by Mahdoom Bava Bahrudeen Noorul Ameen (Appellant) under Section 61(3) read with Section 61(1) of the Insolvency and Bankruptcy C...

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