Search Results for "Security interest"

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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...
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Supreme Court Quashes Criminal Proceedings Under Section 182 IPC for Lack of Val...

Search Results for "Security interest"

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High Court

Bombay High Court Hears Election Petition Alleging Disqualification and Corrupt Practices in Goa Assembly Election. Petition Challenges Election of Returned Candidate on Grounds of Holding Office of Profit as Chairman of Government Corporation and Inducement of Voters Through Distribution of Pension Cheques.

27 May 2005

This election petition was filed by a defeated candidate in the election held on 30.5.2002 for the 25-Vasco-da-Gama Assembly Constituency, Goa, under ...

High Court

Bombay High Court Heard Appeal Under Section 37 of Arbitration and Conciliation Act, 1996 Challenging Arbitral Tribunal's Refusal of Interim Relief in Land Development Dispute. Dispute Involved Conditions Precedent in Memorandum of Understanding and Effect of Revival of Show Cause Notice on Title to Leased Land.

23 Jul 2025

The judgment text provided contains the factual background and context of a commercial arbitration petition filed under Section 37 of the Arbitration ...

Supreme Court

Supreme Court Dismisses Appeal Against Initiation of CIRP Against Corporate Debtor Despite Payment by Guarantor's Resolution Applicant. Right of Subrogation Under Section 140 of Indian Contract Act, 1872 Not Available Where Resolution Plan Extinguishes Guarantee and No Payment of Entire Debt.

23 Jul 2024

The case involves an appeal against the initiation of Corporate Insolvency Resolution Process (CIRP) against the 2nd respondent, Gujarat Hydrocarbon a...

High Court

Bombay High Court Dismisses Tenants' Revision Against Eviction Decree for Arrears of Rent, Damage, and Unauthorized Construction Under Bombay Rent Act, 1947. Doctrine of Relation Back Not Applicable as Amendment Was Not Allowed to Relate Back to Original Filing Date.

13 Sep 2024

The case involves a civil revision application filed by tenants (Anil Joginder Sachdev and Rajeev Joginder Sachdev) against a decree of eviction passe...

Supreme Court

Supreme Court Dismisses Bank's Appeal in SARFAESI Act Case Due to Procedural Non-Compliance. The court found that the appellant bank failed to adhere to the requirements under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, despite the respondent's loan default and non-payment of a one-time settlement.

22 Jan 2024

The dispute arose from a loan transaction in 1996, where the respondent, a sole proprietor of a firearms business, borrowed Rs. 2,00,000 from the appe...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor's Property — Maintains That Guarantor Is a 'Borrower' Under Section 2(1)(f) of SARFAESI Act and That Writ Jurisdiction Is Not Available When Alternative Statutory Remedy Exists Under Section 17 of SARFAESI Act.

20 Jul 2023

The petitioner, Mr. Latif Yusuf Manikkoth, filed a writ petition before the Bombay High Court challenging the possession notice issued by the Bank of ...

High Court

Bombay High Court Dismisses Challenge to Rule 8(5) of Security Interest (Enforcement) Rules, 2002 — Rule Permitting Authorised Officer to Fix Reserve Price in Consultation with Secured Creditor Held Valid. The Court Found No Arbitrariness as Borrower Has Remedy Under Section 17 of SARFAESI Act Before Debt Recovery Tribunal.

14 Nov 2011

The petitioners, M/s. Sea Poly Plast India Pvt. Ltd. & Ors., challenged the constitutional validity of Rule 8(5) of the Security Interest (Enforcement...

High Court

Bombay High Court Allows Writ Petitions Against SARFAESI Proceedings Due to Non-Compliance with Section 18(1) Second Proviso — Debt Recovery Tribunal Failed to Consider Borrower's Application Before Issuing Recovery Certificate. The court held that the DRT must decide an application for waiver or reduction of the pre-deposit under Section 18(1) second proviso of the SARFAESI Act before entertaining the appeal or issuing a recovery certificate.

8 Oct 2013

The judgment involves two writ petitions filed under Article 226 of the Constitution of India challenging the actions of secured creditors under the S...

High Court

Bombay High Court Dismisses Petition Challenging SEBI Recovery Proceedings and Civil Imprisonment Order for Non-Payment of Dues. Recovery Officer's Order for Arrest and Detention of Defaulter Under Section 28A of SEBI Act, 1992 Upheld as Valid Exercise of Powers.

10 Mar 2015

The petitioner, Vinod Hinigorani, filed a writ petition under Article 226 of the Constitution of India challenging the validity of orders dated 18.12....

High Court

High Court of Karnataka Dismisses Appeal by Hospital and Proprietor Against ARCIL in SARFAESI Act Matter — Upholds Single Judge's Order Dismissing Writ Petitions as Not Maintainable. The Court held that the remedy under Section 17 of the SARFAESI Act is an efficacious alternative remedy and the writ petition was not maintainable.

18 Dec 2025

The appellants, M/S Sridevi Hospital and its proprietor Dr. K. Senthilnathan, filed a writ appeal against a common order dated 20.12.2024 passed by a ...

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