Search Results for "Debt Recovery Appellate Tribunal"

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Bombay High Court Issues Notice in Service Matter Challenging Deletion of Names ...
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Search Results for "Debt Recovery Appellate Tribunal"

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High Court

Bombay High Court Allows EPF Authority to Auction Defaulting Employer's Property Despite Bank's Secured Interest Under SARFAESI Act. Priority of EPF Dues Over Secured Creditors Under Section 11(2) of EPF Act Upheld.

17 Dec 2025

The Central Board of Trustees, Employees Provident Fund (Petitioner) filed a writ petition seeking auction of the property of Respondent No.2 (the emp...

Supreme Court

Supreme Court Allows Secured Creditor's Appeal in Co-operative Bank Liquidation Case, Holding Priority Over Workmen's Dues Under SARFAESI Act. Section 26E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 grants overriding priority to secured creditors over all other debts, including statutory dues like provident fund and wages.

20 Nov 2025

The appellant, a secured creditor, had advanced loans to a co-operative sugar factory (the respondent Society). The factory became defunct and default...

Supreme Court

Supreme Court Allows Appeals by Successful Resolution Applicant and Union Bank in DHFL Insolvency Case, Upholds Resolution Plan Modifications on Avoidance Applications and Confidentiality. The Court held that the NCLAT exceeded its jurisdiction by modifying the resolution plan approved by the CoC and NCLT regarding avoidance applications, and that the commercial wisdom of the CoC is not subject to judicial review except under Section 30(2) IBC.

1 Apr 2025

The Supreme Court disposed of a batch of appeals arising from the insolvency resolution of Dewan Housing Finance Corporation Limited (DHFL) under the ...

Supreme Court

Supreme Court Allows Set-Off Claim in Corporate Insolvency Resolution Process Under Insolvency and Bankruptcy Code, 2016. The court held that set-off is permissible during CIRP as it promotes efficiency and equity, and the moratorium under Section 14 does not automatically prohibit such adjustments when claims arise from mutual and connected transactions.

3 Jan 2024

The appeal before the Supreme Court involved a dispute between Bharti Airtel Limited and Bharti Hexacom Limited (Airtel entities) and Aircel Limited a...

Supreme Court

Supreme Court Allows Section 7 IBC Application by State Bank of India Against Krishidhan Seeds Private Limited — Limitation Extended by Acknowledgment in Balance Sheet Under Section 18 of Limitation Act, 1963. The Court set aside NCLT and NCLAT orders that had rejected the application as time-barred, holding that acknowledgments of debt, including in balance sheets, can extend limitation under Section 18 of the Limitation Act, 1963.

18 Apr 2022

The Supreme Court allowed an appeal by the State Bank of India (SBI) against the rejection of its application under Section 7 of the Insolvency and Ba...

High Court

High Court of Karnataka Dismisses Writ Petition Challenging Debt Recovery Appellate Tribunal Order in Securitisation Application Matter. Maintainability of Appeal Under Section 18 of SARFAESI Act Against Interim Orders of Debts Recovery Tribunal Upheld.

27 Jun 2019

The petitioner, Trishul Developers, a partnership firm, filed a writ petition under Article 227 of the Constitution of India challenging an order date...

High Court

Bombay High Court Allows Appeal by Decree-Holder in Execution Proceedings, Setting Aside Dismissal as Time-Barred. The court held that filing chamber summons and other applications constituted steps in aid of execution, extending limitation under Article 136 of the Limitation Act, 1963.

18 Oct 2016

The case involves an appeal by Pratap G. Somaiya (the appellant/decree-holder) against an order dismissing his execution application as time-barred. T...

High Court

Bombay High Court Dismisses Challenge to Pre-deposit Condition Under SARFAESI Act — Upholds Constitutional Validity of Section 18 Provisos. The court held that the legislature may condition the right of appeal and the provisions are not discriminatory compared to the RDB Act.

1 Jul 2011

The petitioners, National Polymers and others, challenged an order dated 6 April 2011 of the Debts Recovery Appellate Tribunal directing them to depos...

High Court

Bombay High Court Quashes DRT Order for Interim Deposit in Debt Recovery Case — Balancesheet Entry Not Conclusive Admission When Dispute Exists. The court held that an entry in a balancesheet, when qualified by auditor's notes indicating a dispute over interest and principal, does not constitute an unequivocal admission of liability under Rule 12(5) of the Debts Recovery Tribunal (Procedure) Rules, 1993.

1 Dec 2010

The case involves a writ petition filed by M/s. Inteltek Automation Pvt. Ltd. and two others against Indusind Bank Ltd. and another, challenging an or...

High Court

Bombay High Court Upholds Pre-Deposit Condition for Appeal Under Recovery of Debts Due to Banks and Financial Institutions Act, 1993 — Section 21 Mandates Deposit of 75% of Debt Amount Before Entertaining Appeal. The Court declined to interfere with the Appellate Tribunal's order directing 50% deposit, as the order was within the Tribunal's discretion and the petitioners had an alternative remedy.

12 Aug 2005

The petitioners, Ashish Mines & Minerals and others, were borrowers who had availed credit facilities from the Central Bank of India in 1985, includin...

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