Search Results for "mortgagor"

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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 "mortgagor"

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High Court

Madras High Court Allows Writ Petition of Auction Purchaser Against Bank for Delivery of Possession Under SARFAESI Act. Bank's Failure to Hand Over Vacant Possession After Sale Confirmation Constitutes Dereliction of Duty Enforceable Under Article 226.

5 Jun 2026

The petitioner, Vijayanand Srinivasan, an auction purchaser, filed a writ petition under Article 226 of the Constitution of India seeking a writ of ma...

High Court

High Court of Karnataka Allows Appeal Against Injunction Restraining Bank from Enforcing Corporate Guarantee. The court set aside the injunction as the guarantee deed was unconditional and the bank had a prima facie case under Order 39 Rules 1 and 2 of CPC, enabling it to proceed under SARFAESI Act and IBC.

17 Feb 2026

The appeal arose from an order dated 25.07.2024 passed by the LXXXV Additional City Civil and Sessions Judge, Bengaluru (Commercial Court) in I.A. No....

High Court

Gujarat High Court Allows Petition Challenging Revenue Secretary's Order in Mutation Entry Dispute — Restores Collector's Order Allowing Mutation Despite Subsisting Mortgage. Held that the Revenue Secretary exceeded revisional jurisdiction by not considering that the mortgage was discharged and the sale deed was valid under Section 135 of Gujarat Land Revenue Code, 1879.

6 Feb 2026

The petitioners, Hasmukhbhai Bhailalbhai Patel and another, purchased land bearing Survey No. 77/3 of Village Navli by a registered sale deed from the...

High Court

High Court of Karnataka Dismisses Revision Petition in Partition Suit — Upholds Trial Court's Decree for Partition and Separate Possession. The court held that the trial court's findings on the existence of joint family property and the share of each party were based on proper appreciation of evidence and did not warrant interference under Section 115 of CPC.

5 Dec 2025

The case arises from a civil revision petition filed under Section 115 of the Code of Civil Procedure, 1908 (CPC), against the judgment and decree dat...

High Court

High Court of Karnataka Dismisses Bank's Writ Petition Seeking Deposit of Land Acquisition Compensation to Loan Account. Mortgagee Bank Not Entitled to Compensation Under Section 31 of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

16 Mar 2023

The petitioner, M/s D C B Bank Limited, filed a writ petition under Articles 226 and 227 of the Constitution of India before the High Court of Karnata...

High Court

High Court of Karnataka Allows Appeal Against Rejection of Plaint in SARFAESI Act Matter — Civil Court Has Jurisdiction to Examine Validity of Sale Notice Where Fraud or Irregularity Alleged. The court held that the bar under Section 34 of SARFAESI Act does not oust civil court jurisdiction when the challenge is based on fraud or violation of statutory provisions.

12 Aug 2022

The appellants, plaintiffs in the original suit, filed a Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) challenging ...

High Court

Bombay High Court Dismisses Writ Petition as Alternative Remedy Under SARFAESI Act Available to Third Party. Third person aggrieved by measures under Sections 13(4) and 14 of SARFAESI Act can approach Debts Recovery Tribunal under Section 17.

21 Nov 2016

The petitioner, Sunil Jaidev Sharma, filed a writ petition before the Bombay High Court challenging an order dated 27 September 2016 passed by the Chi...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Partnership Firm and Guarantors. SARFAESI Act Section 13(2) Notice Validly Issued Against Principal Borrower and Guarantors, and Section 17 Application Before DRT Is the Appropriate Remedy.

28 Jul 2016

The petitioners, M/s. Otoklin Global Business (a partnership firm) and its partner Mr. Dhaval Dilip Jhaveri, filed a writ petition under Article 226 o...

High Court

Bombay High Court Allows Revision Against Rejection of Leave to Defend in Summary Suit. Bank Granted Conditional Leave to Defend on Deposit of Rs. 25 Lakhs for Triable Issues Regarding Liability as Mortgagee in Possession Under Order 37 CPC.

8 Oct 2015

The case involves a Civil Revision Application filed by ICICI Bank Limited (the applicant/original defendant No.1) against the order dated 30th June 2...

High Court

Bombay High Court Grants Leave Under Clause XII of Letters Patent, 1865 for Partition Suit Involving Immovable Property Outside Jurisdiction. Part of Cause of Action Within Jurisdiction Sufficient to Confer Jurisdiction Over Entire Suit.

11 Aug 2014

The plaintiff, Jaspal Sawhney, filed a petition seeking leave under Clause XII of the Letters Patent, 1865 to file a suit (L) No. 494 of 2014 against ...

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