Search Results for "asset reconstruction"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "asset reconstruction"

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High Court

Bombay High Court Allows Commercial Suit and Interim Application in Asset Reconstruction Dispute — Upholds Validity of Assignment of Debt and Security Interest. Court holds that an Asset Reconstruction Company (ARC) is entitled to enforce security interest under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) after valid assignment of debt.

15 Apr 2026

The Applicant, Phoenix ARC Private Limited, an Asset Reconstruction Company registered with the RBI, filed a Commercial Suit (COMSS No. 124 of 2025) a...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case — Petition Under Section 7 IBC Held Time-Barred Despite IRP's Admission of Claim Not Constituting Acknowledgment Under Limitation Act. The Court held that limitation for Section 7 IBC runs from NPA date, and IRP's admission of claim is administrative, not an acknowledgment under Section 18 of the Limitation Act, 1963.

27 Mar 2026

The appeals under Section 62 of the Insolvency and Bankruptcy Code, 2016 (IBC) were filed by Appellant, erstwhile Director of two corporate debtors, a...

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

High Court

Bombay High Court Allows Appeal in SARFAESI Act Case — Plaint Rejection Upheld for Lack of Civil Court Jurisdiction. Dispute over mortgaged properties held to be exclusively triable by DRT under Section 34 of SARFAESI Act, 2002.

4 Sep 2023

The case involves two appeals arising from a suit filed by Pooja Ravikumar Nidasoshi and Vandana (plaintiffs) against the Gadhinglaj Urban Co-operativ...

High Court

High Court of Karnataka Dismisses Appeal Against SARFAESI Proceedings — Writ Petition Not Maintainable Against Section 14 Order Without Exhausting Alternative Remedy Under Section 17. The Court held that an order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is not amenable to writ jurisdiction under Article 226 of the Constitution of India when an efficacious alternative remedy is available under Section 17 of the Act.

30 Nov 2021

The appellant, Sri Abdul Khader, filed a writ petition before the High Court of Karnataka challenging an order dated 05.12.2019 passed by the authorit...

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...

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

High Court of Karnataka Dismisses Writ Petition Challenging DRT Order Under Section 14 of SARFAESI Act — Alternative Remedy Under Section 17 Held Available. The court held that an aggrieved person has the remedy under Section 17 of the SARFAESI Act against an order passed under Section 14, and the writ petition is not maintainable.

30 Jan 2019

The petitioner, Smt. Vimala Bhushan, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging an order passed by the ...

High Court

Bombay High Court Allows Writ Petition Against Sales Tax Auction of Property Already Secured Under SARFAESI Act. Securitisation Act Overrides State Revenue Recovery Laws Under Section 35, and Sale Must Be Conducted by Secured Creditor.

17 Nov 2011

The petitioners, Viraat Ispat Limited and another, challenged an auction notice dated 13 September 2011 issued by the Assistant Commissioner of Sales ...

High Court

Bombay High Court Dismisses Borrower's Challenge to DRAT Order in SARFAESI Act Possession Dispute — Possession Notice Valid but Sale Notice Invalid. Bank Permitted to Proceed from Stage of Rule 8(5) of Security Interest (Enforcement) Rules, 2002.

20 Jan 2011

The petitioners, M/s. Clarity Gold Pvt. Ltd. (borrower) and Mrs. Ganga Devi Gupta (guarantor and mortgagor), challenged an order of the Debts Recovery...

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