Search Results for "financial creditor"

Trending :

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 Hears Appeals Against Madras High Court’s Setting Aside of Alien...
Supreme Court Hears Appeals on Permanent Establishment of Formula One World Cham...

Search Results for "financial creditor"

731 result(s) found

Home Search Results

Scroll Down To Discover

Found 731 result(s)

Supreme Court

Supreme Court Interprets Pre-Deposit Requirement Under Section 18 of SARFAESI Act in Appeals by Borrowers and Secured Creditors. The court held that pre-deposit is mandatory, computed based on the amount claimed in the notice under Section 13(2), excluding future interest, with adjustments for recoveries after filing the petition under Section 17.

23 Apr 2025

The Supreme Court of India, in a group of appeals, addressed the interpretation of Section 18 of the Securitisation and Reconstruction of Financial As...

High Court

Bombay High Court Partially Allows Borrower's Waiver Challenge and ARCL's Interest Inclusion Petitions in SARFAESI Appeal Pre-Deposit Dispute. The Court reduced pre-deposit from 50% to 25% of debt due including interest, balancing the borrower's right to appeal and the secured creditor's interests.

19 Dec 2024

The case involves cross-petitions arising from a common DRAT order dated 04 June 2024. The borrower, M/s Royal Traders, challenged the DRAT's refusal ...

High Court

Bombay High Court Dismisses Writ Petition Challenging Auction of Property Under MPID Act — Petitioner Cannot Challenge Auction After Being Declared Successful Bidder. Court Held That Petitioner's Own Conduct of Participating in Auction with Knowledge of Attachments and Seeking Specific Performance Before MPID Court Precludes Challenge Under Article 226.

25 Oct 2024

The petitioner, Lemon Seeds Hospitality Pvt. Ltd., a company incorporated under the Companies Act, 1956, filed a writ petition under Article 226 of th...

High Court

Bombay High Court Quashes DRT/DRAT Orders Allowing Sale of Mortgaged Property Below Reserve Price — Unsecured Creditor Cannot Be Treated as Secured Creditor with Priority Over Mortgagee. The court held that treating an unsecured creditor as a secured creditor with priority over the mortgagee is a fundamental fallacy, and directed a fresh auction in accordance with law.

18 Mar 2024

The writ petition was filed by Assets Reconstruction Company (India) Ltd. (ARCIL), the beneficiary of a mortgage over Flat No. 61, Basant Apartment, M...

High Court

Bombay High Court Allows Bank's Writ Petition, Directs Execution of Section 14 SARFAESI Order Despite Pending Civil Suit. Executive Magistrate Cannot Refuse Possession on Ground of Civil Suit; Role Under Section 14 is Ministerial.

30 Aug 2023

The Petitioner, Kotak Mahindra Bank Limited, a banking company, had sanctioned a housing loan to Dipak Digambar Naik and Aruna Naik (co-borrowers) in ...

Supreme Court

Supreme Court Dismisses Appeal of Suspended Director Against Admission of Insolvency Petition by Canara Bank Under Section 7 of IBC. Held that a suspended director has no locus standi to challenge the admission of a Section 7 application as the corporate debtor is the proper party.

11 May 2023

The case involves an appeal by M. Suresh Kumar Reddy, claiming to be a suspended director of M/s Kranthi Edifice Pvt. Ltd. (corporate debtor), against...

Supreme Court

Supreme Court Dismisses Appeal in Insolvency Case Involving Corporate Guarantee for Non-Corporate Borrowers. Corporate Insolvency Resolution Process Under Section 7 of Insolvency and Bankruptcy Code, 2016 is Maintainable Against Corporate Person as Guarantor Even When Principal Borrower is Not a Corporate Person, as Default Triggers Financial Debt and Corporate Debtor Status.

6 Sep 2022

The appeal arose from a dispute under the Insolvency and Bankruptcy Code, 2016 (IBC), where the appellant, a promoter and director of Maharaja Theme P...

High Court

Bombay High Court Allows Writ Petition by Secured Creditor Against Tax Recovery Attachment — Priority of Secured Creditor Over Crown Debts Upheld Under SARFAESI Act. The court held that Section 26E of the SARFAESI Act gives priority to secured creditors over income tax dues, and the attachment order passed after creation of security interest is void.

28 Jul 2021

The petitioner, Edelweiss Asset Reconstruction Co. Ltd., a securitization and asset reconstruction company registered under the SARFAESI Act, 2002, fi...

High Court

Bombay High Court Allows Discharge of Senior Citizen Insolvents Under Section 38 of Presidency-Towns Insolvency Act — Assets Fully Administered and No Objection from Creditor. Insolvents Granted Discharge After 9 Years of Undischarged Insolvency, Relieved of Stigma and Disabilities.

23 Feb 2016

The judgment concerns a discharge application filed by two insolvents, Lav Chadha and Naresh Chadha, who are senior citizens aged 65 and 61 respective...

High Court

Bombay High Court Dismisses Petition Challenging Dismissal of Complaint Under Section 203 CrPC — No Sufficient Grounds for Process Found After Police Investigation Under Section 202 CrPC.

11 Dec 2014

The petitioner, Milind Kashinath Mahadik, filed a complaint in the Court of Judicial Magistrate First Class at Pune against respondent nos. 2, 3, and ...

9 10 11 12 13

Full Name * Username * Mobile Number * Email Address * State/UT * City * Password * Confirm Password * Referral Code (Optional)