Search Results for "attachment and sale"

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Search Results for "attachment and sale"

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High Court

High Court Dismisses Section 9 Petition for Post-Foreign Award Relief in Commercial Arbitration Dispute - Vessel Sale Prior to Petition Filing Renders Relief Infructuous

21 Jan 2026

The High Court dismissed a commercial arbitration petition seeking interim measures under Section 9 of the Arbitration and Conciliation Act, 1996 to s...

High Court

High Court of Karnataka Dismisses Appeal Against Confirmation of Attachment Order Under KPIDFE Act — Financial Establishment's Failure to Repay Depositors Justifies Absolute Attachment. The Court upheld the trial court's order confirming the interim attachment of properties of M/s. Lancer Finance under Section 5(2) of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004, finding no illegality or perversity in the decision.

20 Dec 2024

The case involves an appeal filed under Section 16 of the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (KPIDFE...

High Court

Bombay High Court Directs Removal of Central Excise Lien on Property Sold Under SARFAESI Act, Orders Registration of Sale Certificate. The Court held that the sale under the SARFAESI Act extinguishes all prior encumbrances, including statutory liens of the Excise Department, and the Sub-Registrar cannot refuse registration of the sale certificate on the ground of such prior encumbrance.

28 Jun 2023

The Petitioner, Ronak Industries, a partnership firm, purchased an immovable property (Survey No.366/5 and 366/6, admeasuring 2400 sq.mtrs, along with...

High Court

Bombay High Court Allows Appeal Against Rejection of Objection to Attachment Under MPID Act — Property Belonging to Appellants Not Proceeds of Crime. The court held that the appellants, as bona fide purchasers, are entitled to release of attachment under Section 7(3) of the MPID Act as the property was purchased prior to the alleged deposit scheme.

6 Mar 2020

The case involves an appeal under Section 11 of the Maharashtra Protection of Interest of Depositors (In Financial Establishments) Act, 1999 (MPID Act...

High Court

High Court of Karnataka Allows Defendant's Appeal Against Rejection of Attachment Application in Money Suit. Defendant's Application Under Order 38 Rule 2 CPC for Attachment of Plaintiff's Property Was Wrongly Rejected by Trial Court.

26 Sep 2019

The appellant/defendant filed two miscellaneous first appeals against orders passed by the XXXIII Additional City Civil & Sessions Judge, Bengaluru in...

High Court

High Court of Karnataka Allows Revision Petition for Release of Attached Property in Corruption Case — Legal Representatives Entitled to Property of Deceased Accused Under Section 457 Cr.P.C. The court held that property attached during trial cannot be retained indefinitely after the accused's death and must be released to legal representatives subject to conditions.

23 Aug 2019

The present revision petition was filed by the legal representatives of the deceased accused, S.T. Goudar, who was facing trial in Special Case (PCA) ...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Sale Set Aside for Material Irregularity in Conduct of Auction. Order XXI Rule 90 CPC requires that sale be conducted with proper notice and opportunity to judgment-debtors; failure to serve notice and conduct sale at spot without prior intimation constitutes material irregularity.

10 Feb 2017

The appellants, Sri L. Nanjunda Murthy and Sri L. Nagaraj, were judgment-debtors in Execution No.3242/2014 pending before the XXXI Additional City Civ...

High Court

Bombay High Court Allows Writ Petition of Co-operative Bank and Recovery Officer Challenging Revisional Order Setting Aside Auction Sale. The Court held that non-compliance with Rule 107(4) notice under Maharashtra Co-operative Societies Rules, 1961 is not fatal to the auction sale if the sale is otherwise valid and the borrower had knowledge of the proceedings.

13 Oct 2011

The petitioners, the Manager and Special Recovery Officer of Adarsh Mahila Nagri Sahakari Bank Ltd., filed a writ petition under Articles 226 and 227 ...

High Court

Bombay High Court Allows Petitioner to Redeem Mortgage in Co-operative Bank Recovery Proceeding — Auction Sale Set Aside Due to Non-Compliance with Section 101 of Maharashtra Co-operative Societies Act, 1960. Court held that the bank failed to follow the mandatory procedure under the Act and the recovery certificate was not properly executed, entitling the petitioner to redeem the property by paying the outstanding dues.

20 Jul 2006

The petitioner, Niranjan D. Woody, owned a plot of land in Santacruz with a building containing a residential flat and eight tenants. He availed an ov...

High Court

Bombay High Court Dismisses Judgment Debtor's Objection to Execution of Decree Based on Jurisdictional Challenge Under Section 39(4) CPC. Court Holds That Section 39(4) CPC Does Not Bar Execution by the Court That Passed the Decree When the Property Is Situated Outside Its Local Limits.

20 Apr 2005

The present chamber summons arose out of a suit filed by ICICI Ltd, as Debenture Trustees, against Kothri Industrial Corporation Ltd and others for re...

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