Search Results for "DRAT order"

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

Search Results for "DRAT order"

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High Court

High Court of Karnataka Hears Appeals Against Ejectment Decrees Filed by Tenants — Considers Whether Suits by Auction Purchaser Are Barred by Limitation and Maintainable. Examines Applicability of Limitation Act and Tenancy Principles to Auction Purchaser’s Claim for Possession.

20 Dec 2019

The High Court of Karnataka heard three regular first appeals (RFA Nos. 1926/2013, 1924/2013, and 1925/2013) filed by tenants against decrees of eject...

Supreme Court

Supreme Court Allows Bank's Appeal in Debt Recovery Case; High Court's Calculation Based on Certificate Ignored Suspense Account Interest. Interest Component Maintained in Suspense Account Constitutes Part of Debt Under Section 2(g) Recovery of Debts and Bankruptcy Act, 1993, and DRAT's Order Restored.

1 Jan 1970

The dispute arose from recovery proceedings initiated by Punjab National Bank, successor of United Bank of India, against a charitable trust and its t...

High Court

Bombay High Court Allows Petition in Debt Recovery Pre-deposit Dispute — Holds Pre-deposit Not Required at Condonation of Delay Stage. The court ruled that Section 21 of the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 does not mandate pre-deposit before considering an application for condonation of delay in filing an appeal under Section 20 of the Act.

18 Mar 2016

The petitioners, M/s. Deluxe Cotton Corporation and others, challenged an order dated 14 July 2014 passed by the Debt Recovery Appellate Tribunal (DRA...

High Court

Bombay High Court Dismisses Letters Patent Appeal Upholding SARFAESI Act’s Bar on Cooperative Court Jurisdiction; DRT Under Section 17 Has Exclusive Power to Examine All Disputes Including Fraud. The Court ruled that the Debt Recovery Tribunal under Section 17 has comprehensive authority to examine all grievances, including allegations of fraud, and once invoked, that remedy must be pursued exclusively.

20 Dec 2010

The appeal arose from a dispute concerning the enforcement of security interest by the Jalgaon Merchant Co-operative Bank under the Securitisation and...

High Court

Bombay High Court Dismisses Bank's Petition in Guarantee Dispute Due to Lack of Privity of Contract. Guarantee Agreement Held Unenforceable as Principal Debtor Was Not a Party to the Contract Under Indian Contract Act, 1872.

31 Aug 2018

The petitioner, Dena Bank, filed a writ petition challenging the order of the Debts Recovery Appellate Tribunal (DRAT) dated 27.10.2015, which dismiss...

High Court

Bombay High Court Adjudicates Civil Revision Application Challenging Rejection of Plaint Rejection Application in Trust Dispute Under Maharashtra Trust Act. Application Under Order VII Rule 11(d) of CPC Alleges Bar of Suit by Sections 22, 50, 51, 70 of Maharashtra Trust Act, 1950.

10 Jul 2019

The dispute centered on the expulsion of two trustees from a trust registered under the Maharashtra Trust Act, 1950. The applicants, comprising ten in...

High Court

Bombay High Court Upholds Orders of In-charge Chief Metropolitan Magistrate Under SARFAESI Act in Challenge to Jurisdiction. Court Examines Whether In-charge Officer Could Validly Pass Orders Under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Citing De-Facto Doctrine.

28 Oct 2015

The writ petitions, filed under Article 226 of the Constitution of India, challenged orders passed by the In-charge Chief Metropolitan Magistrate, Mum...

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 Writ Petition Challenging Possession Notice Under SARFAESI Act — Alternative Remedy Before DRT Not Exhausted. Court Held That Writ Jurisdiction Cannot Be Invoked When Statutory Remedy Under Section 17 of SARFAESI Act, 2002 Is Available and Petitioner Has Not Approached the Debt Recovery Tribunal.

7 Sep 2018

The petitioner, M/s. Vibgyor Texotech Ltd., filed a writ petition before the Bombay High Court challenging a possession notice dated 11.5.2018 issued ...

Supreme Court

Supreme Court Dismisses Miscellaneous Application Seeking Clarification on Interest Rate in Auction Sale Refund Dispute. The court held that no clarification was needed as the Debt Recovery Appellate Tribunal's 2014 order, which specified refund with accrued interest after deducting mesne profits, was clear and had attained finality.

24 Apr 2023

The background involved a miscellaneous application filed before the Supreme Court seeking clarification of its earlier order dated 12.05.2022 in Spec...

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