Search Results for "attachment orders"

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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...
Bombay High Court at Goa Dismisses Review Petition in Partition Suit Impleadment...
Bombay High Court Acquits Accused in Corruption Case Due to Unreliable Trap Witn...

Search Results for "attachment orders"

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High Court

High Court of Karnataka Allows Decree-Holder's Petition Under Article 227 in Execution Proceedings — Order XXI Rule 41 CPC Mandates Judgment-Debtor to File Affidavit of Assets. The Court held that the Commercial Court erred in dismissing the application for asset disclosure without considering the mandatory nature of Order XXI Rule 41 CPC.

30 Jul 2025

The petitioner, Ms. Sumita Abhishek Sundaram, is the decree-holder in a commercial execution proceeding (Com. Ex. 541 of 2024) pending before the LXXX...

High Court

High Court of Karnataka Allows Petition in Execution Proceedings — Attachment of Amount Deposited in Another Suit Not Permissible Without Proper Procedure Under Order 21 Rule 46 CPC. Decree holder cannot bypass execution procedure by seeking attachment of a sum deposited in a different suit under Section 151 CPC without following Order 21 Rule 46 CPC.

19 Jul 2024

The petitioner, Smt. Sarasamma C., filed a writ petition under Article 227 of the Constitution of India challenging the order dated 21.01.2023 passed ...

High Court

High Court of Karnataka Allows Appeal in Execution Proceedings — Appellants' Application Under Order 21 Rules 97, 98, 101 CPC Rejected by Executing Court Set Aside. Court Holds That Executing Court Must Determine Rights of Third Parties Claiming Independent Possession Under Order 21 Rule 101 CPC Before Confirming Sale.

19 Sep 2022

The present appeal was filed by the appellants, who were the legal heirs of the original judgment-debtor, Hiranappa (since deceased), and other family...

High Court

Bombay High Court Allows Writ Petition Challenging Auction Sale Confirmation in Cooperative Bank Recovery Proceedings. Vested Right in Auction Purchaser Not Accrued Until Sale Confirmation by Competent Authority Under Maharashtra Cooperative Societies Act, 1960.

12 Sep 2018

The petitioner, Aniruddha Sadashiv Pande, a journalist from Yavatmal, had taken a loan from the Yavatmal Urban Cooperative Bank Ltd. (respondent no.3)...

High Court

Bombay High Court Discharges Respondents in Suo Motu Criminal Contempt for Alleged Willful Disobedience of Court Orders. Court holds that mere breach of undertaking does not constitute criminal contempt unless it scandalizes or lowers authority of court.

28 Aug 2018

The High Court of Bombay initiated suo motu criminal contempt proceedings against respondent no.1 (M.N. Navale, President of Sinhgad Technical Educati...

High Court

Bombay High Court Dismisses Writ Petitions Challenging Auction Sale Under Maharashtra Co-operative Societies Act — Auction Purchaser Not Entitled to Set Aside Sale After Confirmation and Payment. Court Held That Once Sale Is Confirmed and Title Passes, the Sale Cannot Be Set Aside Merely Because of Irregularities, and the Remedy of the Judgment Debtor Is to Claim Damages, Not to Annul the Sale.

6 Apr 2018

The judgment pertains to a batch of writ petitions filed by auction purchasers and judgment debtors challenging the auction sale of a sugar factory co...

High Court

Bombay High Court Dismisses Appeal Against Impleadment of Alleged Successor Company in Execution of Foreign Award — Piercing Corporate Veil Justified to Prevent Fraudulent Evasion of Liability. The court held that where a company is created to evade existing liabilities, the corporate veil can be pierced and the new entity can be impleaded in execution proceedings under Order 21 Rule 50 CPC.

29 Sep 2016

The appeal arose from a judgment of the learned Single Judge dated 5 October 2015 in Chamber Summons (L) No.444 of 2015 in Judges Order No.212 of 2014...

High Court

Bombay High Court Dismisses Writ Petition Challenging Interlocutory Order for Possession in Cooperative Society Dispute — Petitioner Failed to Show Exceptional Circumstances for Interference Under Articles 226 and 227 of the Constitution of India. The Cooperative Court's Order Directing Possession Pending Adjudication Was Upheld as the Society Had a Prima Facie Case for Redevelopment and Balance of Convenience Favoured the Society.

27 Sep 2012

The petitioner, a retired individual and member of the Ambaji Niketan Cooperative Housing Society, challenged an interlocutory order passed by the Coo...

High Court

Bombay High Court Dismisses Appeal Against Company Judge's Order Refusing to Set Aside Attachment of Property by Official Liquidator. Held that the Company Court has jurisdiction to decide questions relating to title and possession of property under Section 446 of the Companies Act, 1956, and the appellants failed to establish their title.

22 Mar 2010

The appellants, Laxman Yeswant Prabhudesai, Uday Laxman Prabhudesai, and Gayatri Uday Prabhudesai, filed an appeal under Section 483 of the Companies ...

High Court

Bombay High Court Allows State Bank of India's Appeal Against MPID Act Attachment Order — Bank's Claim Over Property Prevails as Mortgage Was Prior to Default. Secured Creditor's Priority Under Section 31B of RDDBFI Act and Section 26E of SARFAESI Act Overrides MPID Act Attachment.

30 Nov -0001

The case involves an appeal by State Bank of India (SBI) against an order of the Special Court under the Maharashtra Protection of Interest of Deposit...

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