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Search Results for "SARFAESI auction"

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High Court

High Court Allows Writ Petitions by Bank and Auction Purchaser, Quashing DRT Order Setting Aside Auction Sale. DRT Exceeded Jurisdiction by Granting Final Relief in Interim Application Under Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Despite Valid Auction Compliance with Rules.

24 Mar 2026

The dispute arose from an order passed by the Debt Recovery Tribunal-III, Mumbai (DRT) setting aside an auction sale conducted by HDFC Bank Limited an...

Supreme Court

Supreme Court Quashes Criminal Proceedings Against Bank Officers in SARFAESI Act Loan Recovery Dispute. Civil Nature of Transaction Precludes Criminal Prosecution Under Sections 406, 409, 420 IPC.

6 Mar 2020

The Supreme Court allowed the appeal filed by K. Virupaksha and another, who were Deputy General Managers of Canara Bank, against the order of the Kar...

High Court

Resolution of Property Dispute Through Legal Validation and Evidence

18 Oct 2024

A property dispute between M/s Honesty Land Developers and the defendants, where the appellants claim possession and ownership of certain plots in Aur...

High Court

Bombay High Court Dismisses Writ Petition Challenging Rejection of Plaint in SARFAESI Act Dispute — Civil Suit Barred Under Section 34 of SARFAESI Act, 2002. Shareholder's Allegations of Fraud Do Not Override Statutory Bar When Secured Assets Are Involved.

15 Oct 2024

The petitioner, Shashikant Gangar, a shareholder and director of Libox Chem (India) Private Limited (respondent no. 2), filed a writ petition challeng...

High Court

Bombay High Court Allows Bank's Petition Against GST Attachment of Secured Assets Under SARFAESI Act. Priority of Secured Creditor Over Crown Debts Upheld Under Section 26E of SARFAESI Act and Section 31B of RDDB Act.

21 Mar 2024

The petitioner, Indian Overseas Bank, a secured creditor, had extended credit facilities to Respondent No. 3, Savair Energy Limited. Upon default, the...

High Court

High Court of Karnataka Sets Aside DRAT Pre-Deposit Condition in SARFAESI Appeal — Petitioner Granted Relief Without Pre-Deposit. The Court held that the DRAT's power to waive or reduce pre-deposit under Section 18 of the SARFAESI Act is discretionary and must be exercised judiciously, and that the condition of depositing 25% of the debt amount was onerous and disproportionate.

1 Jul 2020

The petitioner, M/s. Sanjeevini Drug House, a proprietorship concern, had availed credit facilities from Kavery Grameena Bank (respondent No.1). Upon ...

High Court

Bombay High Court Dismisses Writ Petition Against SARFAESI Sale Notice, Directs Petitioners to Approach DRT for Interim Relief. Petitioners failed to demonstrate any illegality in the sale notice under Section 32 of the SARFAESI Act, 2002, and the remedy under Section 17 of the Act is available and efficacious.

30 Jul 2021

The petitioners, Smt. Aruna DTS Moorthy and M/s AMGC Logistic Pvt. Ltd., filed a writ petition before the Bombay High Court, Nagpur Bench, challenging...

High Court

Bombay High Court Upholds DRAT Order Requiring 25% Pre-deposit for Waiver of Appeal Under SARFAESI Act. Legal Heirs of Guarantor Must Deposit 25% of Section 13(2) Notice Amount as Condition for Hearing Appeal on Merits.

14 Nov 2017

The petitioners, Smt. Julie Amitabh Parekh and others, who are the legal heirs of the deceased guarantor Amitabh Arun Parekh, filed a writ petition ch...

High Court

Bombay High Court Quashes Collector's Order in Stamp Duty Dispute — Auction Sale Consideration Prevails Over Market Value. Stamp duty on sale certificate must be computed on actual auction sale consideration, not market value, under Maharashtra Stamp Act, 1958.

28 Jan 2026

The petitioner, Shweta Aditya Malhotra, purchased a property through an auction sale conducted by the Collector of Stamps, Andheri Division, Mumbai, f...

High Court

Bombay High Court Allows Writ Petition by Debenture Trustee Seeking Enforcement of Security Interest Against Developer and Its Directors Under SARFAESI Act — Held That Trustee Is a 'Secured Creditor' Entitled to Take Possession of Mortgaged Property Despite Pending RERA Proceedings.

25 Jun 2021

The petitioner, IDBI Trusteeship Services Limited, a debenture trustee, filed a writ petition seeking a direction to the District Collector, Pune, and...

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