Search Results for "Securitisation"

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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 Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "Securitisation"

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Supreme Court

Supreme Court Interprets Section 29A(h) of Insolvency and Bankruptcy Code, 2016 Regarding Guarantor Eligibility. The court held that a person who has executed an enforceable guarantee is not disqualified from submitting a resolution plan unless the guarantee has been invoked, as liability crystallizes upon invocation under the amended provisions.

18 Jan 2022

The Supreme Court was called upon to interpret Section 29A(h) of the Insolvency and Bankruptcy Code, 2016, as amended, concerning the eligibility of a...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Auction Sale — Alternative Remedy Under Section 17 Held Efficacious. No Interference Under Article 226 in Absence of Fraud or Collusion.

15 Oct 2025

The petitioner, Buniya Devi Chauhan, through her power of attorney holder Dharmendra Shambhunath Chauhan, filed a writ petition under Article 226 of t...

High Court

Bombay High Court Allows Bank's Writ Petition Against DRI Letter Restraining Sale of Secured Assets - Priority of Secured Creditor Under SARFAESI Act Over Customs Act Upheld. The court quashed the DRI letter dated 02.11.2015 as without authority of law and directed the DRI to disclose investigation status to the bank.

16 Jan 2024

The petitioner, Bank of Maharashtra, had extended financial facilities to respondent No.2, who defaulted and the account was declared NPA on 19 August...

High Court

High Court of Karnataka Dismisses Writ Petition Seeking Possession of Auctioned Property — Bank Not Obligated to Deliver Vacant Possession Under SARFAESI Act. SARFAESI Act, 2002 Section 13(4) and Section 17 — Auction Sale Confirmed in Favor of Petitioner, but Bank Delivered Only Symbolic Possession; Petitioner's Remedy Lies Before DRT Under Section 17.

16 Dec 2025

The petitioner, Mr. Suresh Kumar, filed a writ petition under Article 226 of the Constitution of India before the High Court of Karnataka at Bengaluru...

High Court

High Court of Karnataka Quashes E-Auction Notice and Sale Certificate in SARFAESI Act Case Due to Violation of Rule 8(6) of Security Interest (Enforcement) Rules, 2002. Failure to Serve 30-Day Notice Before Auction Renders Sale Void.

14 Dec 2022

The petitioners, Sri T.S. Nataraj, Sri Harsha N., and Smt. N. Seema, filed a writ petition under Articles 226 and 227 of the Constitution of India bef...

Supreme Court

Supreme Court Dismisses Contempt Petitions for Alleged Wilful Disobedience of Earlier Judgment in SARFAESI Auction Dispute — No Contempt Made Out as Subsequent Transfers Were Not in Breach of Court Orders. The Court held that the earlier judgment did not contain any specific direction restraining transfers, and the respondents had acted under colour of subsequent orders from the DRT and High Court.

13 Dec 2024

The Supreme Court dismissed contempt petitions filed by Celir LLP, the successful auction purchaser, alleging wilful disobedience of its earlier judgm...

High Court

Karnataka High Court Sets Aside DRAT Conditional Order in SARFAESI Appeal — Pre-Deposit of 50% of Claimed Amount Held Disproportionate. Court directs DRAT to hear appeal on merits without pre-deposit, finding that the condition of depositing Rs.9.23 crores was arbitrary and violated principles of natural justice.

5 Sep 2013

The petitioners, Ms. Bani Kaur Bedi and Mr. Aman Singh Bedi, filed writ petitions under Article 227 of the Constitution challenging an order dated 29....

High Court

Bombay High Court Considers Validity of DRAT Orders on Pre-Deposit Waiver and Status Quo in Secured Asset Auction. Legal Question Concerns Applicability of Section 18 Pre-Deposit Requirement to Appeals Dismissing Condonation of Delay and Challenging Sale Certificate.

8 Jun 2026

The judgment concerns two writ petitions filed by an auction purchaser (Aloukik Construwell LLP) and a secured creditor (HDFC Bank Limited) challengin...

High Court

Bombay High Court Dismisses Writ Petition Challenging DRT Order in SARFAESI Act Matter — Asset Reconstruction Company's Appeal Against Auction Sale Set Aside Due to Lack of Jurisdiction and Limitation. The Court upheld the DRAT order dismissing the appeal as barred by limitation and on merits, confirming the auction sale in favour of the respondent.

11 Feb 2022

The petitioner, Phoenix ARC Pvt. Ltd., an asset reconstruction company registered under the SARFAESI Act, 2002, filed a writ petition challenging the ...

High Court

Bombay High Court Dismisses Writ Petition Challenging SARFAESI Proceedings Against Guarantor — Petitioner Failed to Avail Alternative Remedy Under Section 17 Before Debt Recovery Tribunal. The court held that a writ petition under Article 226 is not maintainable when an efficacious alternative remedy under Section 17 of the SARFAESI Act is available, and directed the petitioner to approach the DRT.

30 Apr 2024

The petitioner, Bhushan Ramesh Bramgankar, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court challengi...

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