Search Results for "Guarantors"

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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...
Supreme Court Dismisses Appeal in Compulsory Retirement Case Based on Declining ...
Supreme Court Disposes Appeal by Consent Appointing Arbitrator in MSME Dispute, ...

Search Results for "Guarantors"

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High Court

Bombay High Court Allows Appointment of Arbitrator in Group of Companies Dispute — Non-Signatory Group Companies and Guarantors Bound by Arbitration Clause. Court applies prima facie test under Section 11(6) of Arbitration and Conciliation Act, 1996 and holds that group companies and guarantors are bound by arbitration agreement in loan documents.

2 Dec 2015

The applicants, eleven entities including companies and an individual, filed an application under Section 11(6) of the Arbitration and Conciliation Ac...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRAT Order in Debt Recovery Matter — Equitable Mortgage Valid Despite Non-Registration Under Section 59 of Transfer of Property Act, 1882. Court holds that deposit of title deeds with intent to create security is sufficient to create an equitable mortgage, and non-registration does not invalidate the mortgage.

17 Oct 2015

The petitioners, Messrs Eminent Agencies and another, challenged an order dated 28 June 2013 passed by the Debts Recovery Appellate Tribunal (DRAT) in...

High Court

Bombay High Court Dismisses Bank's Revision Against Trial Court's Jurisdiction Ruling in SARFAESI Act Suit. Civil Court Has Jurisdiction to Entertain Suit for Permanent Injunction Against Re-auction of Mortgaged Property Despite SARFAESI Act Provisions.

16 Apr 2015

The respondent, original plaintiff, filed Regular Civil Suit No.1756 of 2014 seeking a permanent injunction restraining the applicant bank from re-auc...

High Court

Bombay High Court Dismisses Petition Challenging Arbitral Award in Guarantee Enforcement Case. Personal Guarantors Held Liable Despite Principal Borrower's Corporate Insolvency Resolution Process Under Section 14 of IBC.

17 Feb 2015

The petitioners, Jamboo Kumar Jain and Praful Kumar Jain, filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996, challenging...

High Court

Bombay High Court Discharges Accused in Bank Fraud Case Due to Lack of Evidence of Conspiracy or Knowledge. Petitioner, a Chartered Accountant, Allegedly Prepared Audit Reports for Loan Applicant but No Material Showed He Knew of Fraudulent Intent.

5 Dec 2014

The petitioner, Manish Dosal Barot, was one of the accused in C.R.No.38 of 2003 registered by the Bank of India, Saki Naka Branch, for offences under ...

High Court

Bombay High Court Grants Interim Injunction Restraining Bank from Enforcing Guarantee and Pledge Against Company Pending Company Law Board Proceedings. Alleged Fraudulent Assumption of Liability by Directors Without Shareholder Consent Raises Serious Questions to be Tried.

15 Jul 2013

The applicant, Rajinder Kumar Malhotra, filed an application in a pending company appeal seeking an interim injunction to restrain HDFC Bank from reco...

High Court

Bombay High Court Dismisses Writ Petition Challenging Possession Notice Under SARFAESI Act — Guarantor's Challenge to Assignment of Debt and Validity of Notice Rejected. Assignment of debt by Bank of Baroda to securitisation company held valid under Section 5 of SARFAESI Act, and possession notice served by registered post complied with Rule 8(1) of Security Interest (Enforcement) Rules, 2002.

16 Aug 2012

The petitioner, Tushar P. Shah, a director and guarantor of respondent no. 2 (M/s. Air Coils Manufacturing Co. Pvt. Ltd.), filed a writ petition chall...

High Court

Bombay High Court Allows SICOM's Petitions Under Section 31(1)(aa) of SFC Act for Recovery of Term Loan Defaults. Financial Corporation Entitled to Enforcement of Security Interest Without Prior Adjudication of Liability.

25 Apr 2005

The petitioner, SICOM Limited, a deemed State Financial Corporation under Section 46 of the State Financial Corporation Act, 1951, filed a group of pe...

High Court

Bombay High Court Dismisses Petitions Challenging SARFAESI Act Proceedings Against Guarantors — Guarantors Not Entitled to Pre-Deposit Under Section 17(2) of SARFAESI Act, 2002. The court held that a guarantor is a borrower under Section 2(1)(f) of the SARFAESI Act, 2002, and can be proceeded against under Section 13(2), but the pre-deposit requirement under Section 17(2) does not apply to guarantors.

30 Nov -0001

The judgment involves four writ petitions filed by members of the Shegur family against Vikas Co-operative Bank Ltd. and Bank of Maharashtra. The peti...

High Court

Bombay High Court Dismisses Writ Petition Challenging EPF Recovery Proceedings Against Corporate Debtor Under IBC Moratorium. Held that Section 14 of IBC does not bar EPF recovery proceedings under Section 7A of EPF Act as they are not 'assets' of corporate debtor but trust money.

30 Nov -0001

The petitioner, Galvanotek Industries Private Ltd., a corporate debtor undergoing insolvency resolution under the Insolvency and Bankruptcy Code, 2016...

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