Search Results for "Hypothecation Agreement"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
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Search Results for "Hypothecation Agreement"

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High Court

Bombay High Court Allows Writ Petition Against Bank's Illegal Dispossession of Auction Purchaser. Petitioner Purchased Flat in 2017 Auction by SBI, but Was Forcibly Evicted by Saraswat Bank in 2025 Without Due Process.

30 Jun 2026

The petitioners, Mariyam Rangwala and another, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court at Bo...

High Court

Gujarat High Court Dismisses Appeal Under Section 37 of Arbitration Act for Delay in Filing Section 34 Application — Limitation Period for Challenging Arbitral Award Cannot Be Extended Beyond Statutory Cap. The court held that the appellant's application under Section 34 of the Arbitration and Conciliation Act, 1996 was barred by limitation as it was filed over four years after the award, far beyond the three-month period plus thirty-day extension allowed under Section 34(3).

19 Feb 2026

The appellant, Darshana Bhupendra Parekh, filed a First Appeal under Section 37 of the Arbitration and Conciliation Act, 1996 against the dismissal of...

High Court

High Court of Karnataka Allows Appeal Against KSFC Order in Guarantor Liability Case — Limitation Period for Filing Application Under Section 31(1)(aa) of SFC Act Is Three Years from Date of Cause of Action. Guarantor's Defence of Limitation Upheld as Petition Filed Beyond Three Years from NPA Classification.

15 Apr 2025

The appellant, Smt. C. Sarasamma, was a guarantor for a loan availed by respondent No.2, M/s. Ethnic Informatics Private Ltd., from respondent No.1, K...

High Court

Bombay High Court Quashes PMLA Proceedings Against Accused in Seva Bank Loan Fraud Case — Lack of Scheduled Offence and Non-Application of Mind in ECIR Registration. The court held that the ECIR was registered solely on the basis of FIR No.163/2018 involving Section 420 IPC, but the subsequent FIRs (525/2021, 526/2021, 527/2021) which included other scheduled offences were not considered, and the proceeds of crime were not properly identified, rendering the PMLA proceedings unsustainable.

29 Aug 2024

The judgment concerns multiple writ petitions filed by individuals accused in connection with alleged loan fraud involving Seva Vikas Co-operative Ban...

Supreme Court

Supreme Court Dismisses Appeal by Stressed Assets Stabilization Fund Against Lease Forfeiture by West Bengal Small Industries Development Corporation. Mortgagee Cannot Claim Rights Superior to Lessee When Lease Has Been Validly Terminated.

21 Oct 2019

The appeal arose from a judgment of the Calcutta High Court which dismissed the appeal of the Stressed Assets Stabilization Fund (SASF) against an ord...

Supreme Court

Supreme Court Allows Appeal in IBC Limitation Dispute — Application Under Section 7 Held Barred by Limitation. Acknowledgment of Debt in Balance Sheets Does Not Extend Limitation for Initiating CIRP Under IBC.

9 Aug 2019

The Supreme Court allowed the appeal filed by Babulal Vardharji Gurjar, a director of Veer Gurjar Aluminium Industries Pvt. Ltd., against the order of...

High Court

High Court of Karnataka Allows Appeal in KSFC Recovery Case — Interest Rate Reduced from 16.5% to 10% per annum. Court held that the rate of interest awarded by the trial court was excessive and reduced it to 10% per annum from the date of petition till realization, exercising discretion under Section 34 of CPC read with Section 32(9) of the State Financial Corporations Act, 1951.

3 Mar 2017

The appeal was filed by the borrowers (M/s. Cozy Polystone (P) Ltd. and its directors) against the order dated 02.11.2012 passed by the XXXVII Additio...

High Court

Bombay High Court Dismisses Challenge to Arbitral Award in Co-operative Bank Loan Dispute. Court upholds award under Section 34 of Arbitration and Conciliation Act, 1996, finding no grounds to interfere with arbitrator's decision on loan recovery under Multi-State Co-operative Societies Act, 2002.

18 Mar 2015

The petitioner, M/s. Maks Glass Corporation, challenged an arbitral award dated 24th April 2010 passed under Section 84 of the Multi-State Co-operativ...

High Court

High Court of Karnataka Dismisses KSRTC Appeal in Motor Accident Claim — Upholds Joint Liability of Hirer and Owner for Bus-Jeep Collision. The court held that the KSRTC, as the hirer of the bus, is jointly liable with the owner for compensation for damage caused by the bus driver's negligence, and the insurer is liable to indemnify the owner.

1 Apr 2013

The case arises from a motor vehicle accident that occurred on 14.2.2003 when a jeep bearing registration number KA-13-G-214 was returning on the Aras...

High Court

Bombay High Court Dismisses Guarantor's Appeal in Bank Recovery Suit — Guarantee Not Limited to Three Years, Liability Joint and Several. The court held that the guarantor failed to prove the alleged limitation of three years and is jointly and severally liable under the Indian Contract Act, 1872.

12 Dec 2005

The case involves a first appeal filed by Padmakar Krushnarao Bhagwatkar, who was the guarantor/defendant No.2 in a suit filed by the State Bank of In...

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